There are countless examples in recent news highlighting the potential for far-reaching consequences when wrongdoing goes unchecked, and when whistleblowers face unbridled public scrutiny. Safety hazards could result in serious injuries or even further loss of life and financial penalties and reputational damage could be significant. By protecting whistleblowers, taking their concerns seriously, and even
Latest from Corporate Governance & Internal Investigations Advisor
“Knock on our door before we knock on yours:” Recent DOJ Trends
On March 7, 2024, Deputy Attorney General Lisa Monaco (“DAG Monaco”) gave the keynote address at the American Bar Association’s 39th National Institute on White Collar Crime.1 She addressed the success she views in the Department of Justice’s (“DOJ”) efforts to combat white collar crime. Specifically, DAG Monaco highlighted recent convictions of executives at
Managing Outside Investigators – Best Practices for Employers
When workplace misconduct, whistleblowing or harassment is at issue, employers commonly turn to outside investigators to help ensure an unbiased investigation that will withstand challenge in future litigation. Engaging an investigator who is an attorney helps ensure that the investigation file and report will be protected by attorney client privilege. Employers may later decide to
Is Your Board Cyber-Ready? Leadership Steps to Support Corporate Cybersecurity
The growing concern around cyberthreats for companies across the nation is reflected in the increasingly crowded legislative landscape that provides guidance to organizations, employers, employees, consumers, and investors. As part of that landscape, enterprises — both public and private — operate under an unprecedented level of scrutiny. Last month, new SEC requirements went into effect
Pennsylvania Appellate Court Affirms Summary Judgment in Whistleblower Case
Whistleblower claims of all types generally require proof of three elements; a complaint of conduct believed to be unlawful (protected activity), some form of discipline (an adverse action), and proof that the adverse action was motivated by the protected activity (causation). Oftentimes, the existence of an adverse action (such as termination) is undisputed. In whistleblower
New Law Rewarding Whistleblowers May Lead to Substantial Increase in Whistleblower Claims
In late December 2022, in conjunction with an omnibus spending bill, Congress passed the Anti-Money Laundering Whistleblower Improvement Act, which President Biden signed into law on December 29, 2022. This law permits whistleblowers to receive 10% to 30% of any monetary sanction the government imposes over $1 million for money laundering. Money laundering is
CAUTION ADVISED FOR LANGUAGE IN EMPLOYMENT SETTLEMENT AND SEVERANCE AGREEMENTS
Over the years, the Securities and Exchange Commission has taken aim at common language in settlement and severance agreements regarding nondisclosure and confidentiality. It has been relatively commonplace for such agreements to include language that requires, for example, the settling or departing employee to agree not to disclose the employer’s confidential information or trade secrets,
Practical Guidance to Mitigate Risks to Employers of “Bad Actors” Who Engage in Retaliatory Acts
The Biden Administration recently announced increased coordination between EEOC, the US DOL and the NLRB to strengthen an intra-agency approach focused on combatting unlawful workplace retaliation. The approach will raise awareness and engage not only workers and the public, but also other key stakeholders, including employers.
Given the Administration’s focus, employers should anticipate aggressive coordination
The “S” in ESG: Tying Compensation To DEI Goals
As companies plan and strategize about next steps regarding the “S” of ESG, i.e., Social initiatives, we are often asked about best practices in promoting Diversity, Equity, and Inclusion (DEI) goals in the workplace. Companies increasingly are seeking to tie compensation to DEI goals. Doing so demonstrates the company’s commitment to DEI, and rewards positive
To Be (Discoverable), or Not to Be: Notetaking During an Attorney’s Internal Investigation
Introduction
Picture this: you are on-site at a new client’s headquarters for a weeklong hostile work environment investigation into several internal complaints made against the CEO and CFO. This is the first engagement for the client so you want to do as comprehensive a job as possible to leave a positive first impression (which will