Sentences with phrase «during an internal investigation»

Your IT department should not try manage electronic evidence during internal investigations if they don't have the experience - even when instructed by the legal department.

If counsel does not provide sufficient oversight, documents prepared during an internal investigation may not be protected by the attorney - client privilege.

Early engagement of lawyers will ensure that employee statements during an internal investigation are given with the benefit of legal advice and such statements can later be submitted to law enforcement authorities.

To maintain the privilege during an internal investigation, it is important that counsel direct and closely supervise the investigation.

In the Alberta Court of Appeal's recent decision (issued July 7, 2017) of Alberta v Suncor Energy Inc., 2017 ABCA 221, the Court refused to allow Suncor blanket litigation privilege and solicitor - client privilege over witness statements and other documents collected during an internal investigation into a fatal worksite injury.

Yes, companies can claim litigation privilege over investigation reports, statements and drafts that are created during internal investigations if there is a reasonable prospect of litigation, and if advice is sought for the main purpose of litigation or contemplated litigation.

Suncor can not, simply by having legal counsel declare that an investigation has commenced, throw a blanket over all materials «created and / or collected during the internal investigation» so as to clothe them with solicitor - client or litigation privilege.

Employee interviews are widely used during internal investigations in Russia.

Roy provided some information to the company during its internal investigation, but it has had no contact with him since his departure in February.

This morning upon review of the incident report and other information provided during the internal investigation, the County Attorney, the Deputy County Executive, and I determined that the Commissioner had clearly violated multiple County Personnel policies.

The police officer who tackled the tennis superstar has been stripped of his gun and badge and placed on administrative duties during the internal investigation, NYPD officials said.

A 14 - year veteran of the Jamestown Police Department who left the department during an internal investigation into his alleged theft of evidence has pleaded guilty to one charge of official misconduct.

Opinion The most important questions to ask during internal investigations into employment - related issues This is a great list of questions to ask people!

The SFO's joint head of fraud, Hannah von Dadelszen, has said that companies should consider conducting document reviews instead of interviewing employees during internal investigations to prevent individuals from destroying evidence.

There is, however, some discussion as to the exact extent of the privilege in the context of the work performed during an internal investigation (i.e., when some of the work would fall outside the attorney's core business).

The Ontario Court of Appeal recently upheld a decision requiring the employer to indemnify its former employee for costs and expenses the employee incurred during an internal investigation and dismissal proceedings for alleged fraudulent misconduct.

An employee is required to co-operate during an internal investigation or be terminated, but having counsel present could make the interview more effective for the company as well, he explains.

In that case, Andrews J held that litigation privilege did not apply to documents that were produced by lawyers and forensic accountants during an internal investigation into allegations of bribery and corruption.

Unlike in litigation, where some concerns and complications persist, technology - assisted review can be used freely during internal investigations to significantly speed up needed review processes, and many federal agencies are now comfortable with investigation subjects using it as well (although methodology details generally have to be provided to the agency to secure approval)

Companies can maintain legal professional privilege over investigation reports, statements and drafts that are created during internal investigations if there is a reasonable prospect of litigation, and if the advice is sought for the main purpose of litigation or contemplated litigation: Skandinaviska Enskilda Banken AB (Publ), Singapore Branch v. Asia Pacific Breweries (Singapore) Pte Ltd [2007] 2 SLR (R) 367.

During an internal investigation of officer wrongdoing, Montreal police trampled over a cornerstone of a free society.

Corporates operating in those jurisdictions may not be able to resist producing evidence collected or prepared during an internal investigation.

The Court of Appeal stated that «Suncor can not, merely by having legal counsel declare that an investigation has commenced, throw a blanket over materials «created and / or collected during the internal investigation» or «derived from» the internal investigation, and thereby extend solicitor - client privilege or litigation privilege over them».

During the internal investigation into the unfair dismissal claim against News Group Newspapers Limited by Clive Goodman, News International hired law firm Harbottle & Lewis (H&L) and passed on hundreds of internal emails to them.

But even if this aspect of the judgment is successfully appealed, the more intractable challenge facing companies will be to show that documents created during an internal investigation — such as interview records — were created for the «dominant purpose» of future litigation.

During an internal investigation, employees suspected of misconduct must be given an opportunity to present their defence.

During an internal investigation, an employee may submit a dispute to the Labour Dispute Arbitration Commission for resolution.