Overview
Investigations into workplace conduct—whether instigated by the employer, an employee, or a third party—have become increasingly high-profile, sensitive, and complex. With more employees raising issues formally and more regulators paying close attention to workplace conduct, the stakes have never been higher, particularly for employers operating internationally.
Mayer Brown helps companies with both domestic and cross-border investigations, conducting them discreetly on behalf of clients or advising and supporting clients on their own, internal processes. We identify jurisdiction, if applicable; advise on the extent to which an investigation can be confidential and covered by legal privilege and the appropriate approach to take; help navigate the legal and regulatory risks; and make recommendations and offer solutions.
We cover the full spectrum of issues, including whistleblowing; discrimination; sexual and other harassment; bullying; diversity, equity, and inclusion concerns; confidential information and intellectual property misappropriation; disciplinary/code of conduct violations; and other alleged misconduct.
Experience
Our clients include companies in a wide range of industries, including entertainment, media, gaming, hospitality, technology, real estate, food, retail, insurance, financial services, and manufacturing. Examples of our investigations work are given below.
Advised:
- A multinational banking and financial services client on internal investigations related to its compliance and other functions. This was a matter of the highest sensitivity, given the close involvement of the UK Financial Conduct Authority. As in many similar cases, we worked closely with our Financial Services & Regulatory Enforcement colleagues in advising on all aspects of the investigation process—from both regulatory and employment law perspectives—including the client’s communication with the FCA. We also advised in relation to internal HR processes that arose out of the investigations conducted.
- An international banking institution in relation to a cross-border workplace investigation arising from whistleblowing reports emanating from its London business. We counseled on all aspects of the investigation, preparing a detailed report and providing employment law and regulatory advice. Mayer Brown's employment coverage in the UK and Asia was key to operating this highly sensitive and important investigation in both jurisdictions and time zones.
- The management board of a German railway company in connection with internal investigations following the discovery of a large-scale spying scandal affecting approximately 175,000 employees and their private data, relationships, and engagements. With this investigation bringing significant media coverage, the client relied on our German team’s experience with regard to not only the legal aspects but also the communication strategy to protect the client’s reputation.
