Lawyers are often called on to conduct internal company investigations of employment disputes, sometimes in anticipation of litigation. Employers hope to obtain an independent and thorough investigation of sensitive workplace matters to assess liability. For the lawyer, there many challenges: Choosing the right investigator, asking the right questions, preserving evidence, ensuring that privacy rights are not violated, and producing a practically useful report for the employer. There are also substantial issues of preserving the attorney-client privilege. Often, the investigation can be as sensitive as the underlying matter. This program will provide you with a real world guide to planning and conducting an employment investigation and limiting employer liability.
Handout Materials will be emailed to you prior to the seminar
Starts 12:00 p.m.
1.0 MCLE Credit Hours
· Planning employment investigation – know your goals and the risks
· Investigation liability – invasions of privacy, defamation, and more
· Select who to interview, format of interview, and how to record it
· What questions to ask/information to obtain from interviewees
· Litigation holds – what you should put in place?
· Preserving the attorney-client privilege
· Preparing your final report – what to include or not include
Emily Pidot, Paul Hastings, LLP – New York City