Corporate Investigations

Investigative Confidentiality Gets the Support of the NLRB:

The National Labor Relations Board (NLRB) has reversed recent past decisions, and has held that an employer can require confidentiality from an individual employee involved in a current internal investigation. However, the NLRB only partly reversed past rulings on the issue, holding that while confidentiality can be

In recent years, there has been a continuing emphasis by the Department of Justice (DOJ) on investigations of corporate wrongdoing, including an increase in the investigation and finding of individual liability for that wrongdoing. This emphasis recently was documented in something now being referred to as the “Yates Memorandum.”

According to Sally Quillian Yates, Deputy