Articles by Rachel Ablin, Esq.

There’s Still a Perception that Internal Investigations Protect the Wrongdoer

Businesses conducting internal investigations need to ensure those investigations are impartial and independent. For companies that choose to handle the investigatory process in-house and ultimately “clear” the accused of any wrongdoing, there can be a perception that investigators and company leaders favored the accused – especially when the accused person is him- or herself a senior leader or highly valued employee.

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Tips for Dealing with a Difficult Witness

The outcome of a workplace investigation typically depends on information gleaned through witness interviews. That information can, in turn, lead investigators to explore new or different avenues toward uncovering the truth. Witness cooperation can be critically important. Unfortunately, witnesses are sometimes hesitant to share what they know for fear of retaliation or retribution. In other cases, witnesses may be hostile or wholly uncooperative. Here are several tips to help you deal with witnesses who may hold the keys to the information you need, but who are reluctant to participate in the investigatory process.

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How the Mueller Investigation and Your Company’s Misconduct Investigations are Similar (and How They Differ)

As the Mueller investigation plays out on the national stage, corporate HR departments across the country are ramping up their internal investigations procedures to handle an increase in allegations of employee misconduct. If you are responsible for your organization’s internal investigations policies and processes, you may be surprised to learn that the Mueller investigation actually has a lot in common with internal investigations in the business world.

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Financial Services Firms Grapple with Disclosure Obligations in Wake of #MeToo

Allegations of sexual harassment or other workplace misconduct must be taken seriously in any business. For broker-dealers and other businesses regulated by the Financial Industry Regulatory Authority (FINRA) or the Securities and Exchange Commission (SEC), thorough investigations are a must. However, financial services firms must also be deliberate about how they choose to disclose the results of such investigations, being ever aware of the risk of defamation lawsuits from the targets of such investigations.

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