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Global Investigations Review - The law and practice of international investigations
Select specific questions to filter on. Alternatively select no questions and select jurisdictions above to see all question answers for them.
How does the company retain its privileges, including the attorney-client privilege, when interacting with employees in an investigation?
How does the company retain work product privileges when interacting with employees?
What claims may an employee bring against the company during an investigation? How can the company protect against them?
What agency procedures or whistleblower rules should the company be aware of in this jurisdiction?
What are the considerations when conducting without notice interaction with company employees in an investigation?
What should the company know about the anti-bribery and anti-corruption laws in this jurisdiction? How, if at all, does the Voluntary Self Disclosure and FCPA Pilot Program apply to this investigation?
How do labour laws, collective bargaining agreements, and the procedural pre-emptions affect the internal investigation?
Does this jurisdiction recognise the "employment at will" doctrine? Are there exceptions to this doctrine?
Does this jurisdiction recognise claims for unlawful retaliation by an employer against a whistleblower?
Who may represent the employees in an investigation, and what are the company’s obligations to facilitate their representation?
What obligations does external counsel to the company have towards employees that are not considered to be clients of the attorney? Is this the same for in-house counsel?
What should the company consider when interacting with employees represented by an attorney?
How does this change for employees who are not represented by an attorney?
If documents or electronically stored information containing employee information is sent from this jurisdiction to another, for analysis or use in legal proceedings, what are the aspects to be considered?
What are the company’s public disclosure obligations about the internal investigation in this jurisdiction?
Are public company statements relating to employee misconduct protected from defamation claims?
What responsibilities do directors have in the internal investigation of alleged sexual harassment by senior staff? Are there any restrictions on a director’s role in the investigation?
What is the law, policy and enforcement track record on individual accountability for corporate wrongdoing?
What is the employee’s obligation to speak with the company in an internal investigation?
What are attorneys’ roles representing the company and representing the employee, and who should explain these roles to the employee?
May an employee appoint its own counsel in an internal investigation?
Who pays for employee representation?
May employees enter into joint defence agreements? With whom?
Do employees have any constitutional or basic legal rights that they can rely on during government and internal investigations?
What rights do employees who claim sexual harassment have during an internal investigation?
Who owns the documents and electronically stored information within employees’ possession or control and how can employees protect their privacy rights in this context?
What are the employee’s responsibilities if there is a parallel civil proceeding against the company or against the employee?
What should employees do if they are sued by shareholders or other private parties as a result of an investigation?
What are the employees’ responsibilities to comply with law enforcement investigations, subpoenas and searches?
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