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Managing the Modern Workplace
V&E International Labor & Employment Resources

  • 20
  • December
  • 2019

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“The First Rule of this Workplace Investigation is…”

“…You will not talk about this investigation with your coworkers.” Or at least this is the first thing that many employers have long told employees who are interviewed in workplace investigations. (Though ideally, the FIRST thing that employees should be told is that they will not be retaliated against for speaking truthfully during their interviews).

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  • 12
  • March
  • 2019

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DOJ Fans the Flames in Support of Plaintiffs Suing Former Employers in Private Antitrust Fray

The Department of Justice Antitrust Division (the “DOJ”) recently put its thumb on the scale in favor of plaintiffs with respect to the standard to be applied in antitrust litigation involving purported “no-poach” agreements among competing employers. In a rare move, the DOJ filed a statement of interest in the ongoing lawsuit, In re Railway Industry Employee No-Poach Antitrust Litigation – a multi-district class action filed by several former employees against two of the world’s largest rail equipment suppliers.

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The Importance of Investigation Protocols Amid Heightened Corporate Exposure

In the face of well-publicized corporate scandals such as #MeToo, and in response to heightened corporate accountability standards under Sarbanes-Oxley and Dodd-Frank, internal investigations serve as a critical component of an effective governance and corporate compliance program. While companies recognize the need to conduct internal investigations to respond to allegations of potential misconduct, many companies have not adopted a written investigation policy or protocol.

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner