Internal Investigations: When do You Need One and What Should You do to Prepare?
Lesley Brovner & Mark Peters
June 23, 2022
In the current business environment, the way in which companies investigate potential misconduct can affect that company’s reputation almost as much as the alleged conduct itself. Moreover, without understanding the full scope of the misconduct it is impossible to reckon with the issues that occurred, create a compliance program and prevent future problems.
Below are a number of issues that you should consider before undertaking an internal investigation.
As the workplace becomes more complicated and there is an increase in workplace related litigation, having an up to date and thorough employee handbook becomes increasingly important. A well drafted employee handbook can introduce employees to the corporate culture, mission and values; set expectations; increase compliance with federal and state laws; and help defend against employee claims.
The Adult Survivors Act (ASA), if enacted, would be a landmark law that would create a lookback period allowing the adult victims of sexual assault and abuse, whose claims are now time barred, to pursue those claims in court.
In February 2019, New York State passed a “lookback window,” the Child Victims Act (CVA), extending the statute of limitations for survivors of child sexual abuse in criminal and civil cases in New York.
How do law enforcement agencies request information?
There are multiple ways that a state attorney general, U.S. Attorney’s Office or other law enforcement agency can request information: a simple letter request; a civil subpoena; or a grand jury subpoena. The method chosen is a first clue as to the investigation’s status