Corporate Internal Investigations

Corporate Internal Investigations

Should you be worried?

Corporate Internal Investigations

Should you be worried?

Do you need an attorney?

Corporate Internal Investigations

Should you be worried?

Do you need an attorney?

QUITEPOSSIBLY

Corporate Internal Investigations

Corporate Internal Investigations

May be more powerful in targeting an employee than a federal investigation.

Corporate Internal Investigations

May be more powerful in targeting an employee than a federal investigation.

A targeted employee may have no legal recourse for slander, defamation or consequence of being wrongfully targeted.

Corporate Internal Investigations

May be more powerful in targeting an employee than a federal investigation.

A targeted employee may have no legal recourse for slander, defamation or consequence of being wrongfully targeted.

The corporation has an absolute judicial privilege in the majority of United States jurisdictions which hold that a company enjoys an absolute privilege when providing the Department of Justice.

The corporation, through their internal investigation, may be

seeking cooperation in their sentencing for

the corporation

A corporation must find a wrongdoer and identify them in the

investigation.

A company’s internal investigations must identify and deliver

evidence against individual wrongdoers.

Corporations that deliver to the DOJ a diligent internal investigation will benefit by

COOPERATION

The Texas State Supreme Court held that the internal investigation report that Shell Oil submitted to DOJ contained allegations of misconduct by an employee the DOJ had identified as a person of interest during the investigation.

The employee sued Shell for wrongful termination and defamation. Shell responded the report’s findings were entitled to an absolute privilege against allegations of defamation.

SHELLWON

InternalCorporateInvestigations

Corporation conducting the internal investigation had absolute privilege against defamation over statements included in an investigatory report made prior to “preliminary to a proposed judicial proceeding.”

InternalCorporateInvestigations

Corporations have an absolute privilege against defamation in investigations.

InternalCorporateInvestigations

Do you need an attorney for an Internal corporate investigation?

CORPORATION:

DEFAMED EMPLOYEE FIRED EMPLOYEE HAD ABSOLUTE PRIVILEGE

InternalCorporateInvestigations

Do you need an attorney for an Internal corporate investigation?

You Decide.

Anything you say regarding an internal investigation may ultimately find its way into the corporate investigation and report.

Water cooler speculation, coffee chit-chat, luncheon gossip can all be included in the report.

Often times the best comment is:

“NO COMMENT”

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