Excerpt from Practical Guidance

Best Practices For Whistleblower Internal Investigations

Law360, New York (August 21, 2017, 11:24 AM EDT) -- This practice note addresses special issues that often crop up when an organization responds to — or internally investigates — a whistleblower's complaint of wrongdoing. In addition to the practice notes that generally discuss workplace investigations (see the "Investigations" practice note page), you should specifically consider the following issues when assisting employers with investigating whistleblower complaints:

Potential criminal exposure and individual employee representation;

  Spoliation and preservation issues;

  Confidentiality obligations;

  Settlement with an individual whistleblower; and

  When to voluntarily disclose whistleblower issues to the government

For information on federal laws affording protections to whistleblowers, see the "Federal Whistleblower...

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