This again depends on the nature and scope of the allegation and wrongdoing.  Depending on the investigation, it will be important to determine whether the investigation should be conducted by outside counsel, in-house counsel, a company’s HR department or compliance officer.  Depending on the allegations, [...]

Not usually. Statements made during an internal investigation by an employee are not privileged or confidential unless there is a joint defense agreement in place for the employee.  However, as part of the internal investigation, the statements of the employee are protected and privileged as [...]

An Upjohn Warning refers to language contained in Upjohn Co. v. United States, 449 US 383 (1981), which provided greater protections to corporations with respect to attorney client privilege in conducting internal interviews.  Essentially, the Upjohn Warnings tell the employee that the attorney that is [...]

Yes.  Employees are required to participate in internal investigations, or they may be subject to employee discipline.  In an internal interview, the employee must answer questions or participate in the investigation.

Yes, or you will be subject to employee discipline.  An employee must participate in an investigation. Failure to participate can result in discipline including termination. An employee who does not want to answer questions may request their own lawyer.  However, an employer does not have [...]

You may request your own attorney during a corporate investigation. Your company does not have to allow for one.  A lawyer is not required, and a company has a right to deny the access of an attorney during an internal investigation.  Contacting a lawyer is [...]

An employee who lies or does not tell the truth during an internal investigation is subject to discipline including termination.

Yes. Your company may pay for you have your own counsel.  If you are requested to give a statement or meet with law enforcement personnel, you have the right to be represented by a lawyer.  You should ask your company if they are willing to [...]

No.  Absent a contractual obligation, your company does not have to pay for or provide you with an attorney.  You are always allowed to contact and hire a lawyer of your choice.

When contacted by law enforcement, you have three options: (1) speak with law enforcement; (2) refuse to speak; or (3) ask for time to respond after you have had time to consult with an attorney. It is always advisable to contact an attorney prior to [...]