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On 12 November 2021, an administrative judge confirmed a sanction of the Superintendence of Industry and Commerce (SIC) on an employee involved in a company dawn raid — Hernando Rodríguez (general manager of Roa Florhuila).

This episode goes over the final four fundamental elements of the National Anti-Corruption Commission’s guidelines. These elements are: personnel should have accurate books and accounting records, human resource management policies complementary to anti-bribery measures, companies should have communication mechanisms that encourage the reporting of the suspicion of bribery (whistleblowing), and companies need to review and evaluate anti-bribery prevention measures and their effectiveness.

In 2010, public Delaware corporations began adopting forum provisions to require various types of “intra-entity” disputes — claims that directors breached their fiduciary duties in approving a sale transaction — be made solely in Delaware courts. However, over the past decade, this has now been shaped into a boilerplate provision under U.S. securities law.

The latest issue of the China employment law series looks at: what employers need to consider under the New Personal Information Protection Law, new measures to protect gig worker labor security rights and interests, the illegality of the ‘996’ work system, flexible employment measures for the Free Trade Zone enterprises, Shanghai court rulings on office phone conversations being used as evidence, Beijing court rulings on lawful dismissal, Shenzhen court rulings on dismissal, and new protection for delivery workers.

The Labor Court in South Africa was recently tasked with reviewing the conduct of a CCMA commissioner, whose role was to discern the appropriateness of employment-related conduct during an employment tribunal. The review court had to determine whether the commissioner had committed misconduct by acting in a manner that undermined the integrity of dispute resolution process. Such commissioners have a duty to exercise sound judgement and must behave in a way that is beyond reproach to ensure fair labor practices in South Africa.

When world economies face challenges, employment litigation claims of all types arise. In this In Focus video, Baker McKenzie Labour and Employment lawyers discuss the range of trending COVID-19 related employment claims and cases and share what Canadian employers can do to best position themselves to manage impending litigation.

The Monetary Authority of Singapore (MAS) recently released a consultation (“Consultation”) on its “Proposed Amendments to MAS’ Investigative and Other Powers under the Various Acts.” The amendments, to be introduced through the Financial Institutions (“Miscellaneous Amendments”) Bill (“proposed provisions”), will expand the supervisory and enforcement powers of the MAS under the following acts: Banking Act (BA); Credit Bureau Act; Financial Advisers Act (FAA); Insurance Act (IA); Payment Services Act (PS Act); Securities and Futures Act (SFA); Trust Companies Act (TCA); and the upcoming new omnibus Act (“new Act”) for the financial sector (collectively, “relevant Acts”).

When allegations of misconduct are levelled against employees, employers are often left with the task of conducting internal investigations to get to the bottom of the matter. Employment legislation in Singapore does not prescribe specific standards or processes for such investigations. This has given rise to a number of practical questions for both employers and employees. The Singapore High Court in Dong Wei v Shell Eastern Trading (Pte) Ltd and another [2021] SGHC 123 addressed these issues.

On June 8, 2021, the White House published a set of reports on the 100-day interagency reviews conducted pursuant to Executive Order 14017 “America’s Supply Chains”. The Reports were accompanied by a White House Fact Sheet summarizing the key findings, expressing support for some of the policy recommendations, and announcing additional Biden Administration measures directed at strengthening the resilience of the country’s supply chains.

In Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Ltd [2021] FCA 511, the Federal Court has handed down an important decision which highlights the dilemma that may be faced by an immunity applicant in complying with its duty to provide full, frank and truthful disclosure and to co-operate under the ACCC’s Immunity and Cooperation Policy for Cartel Conduct (ACCC Policy) and maintaining legal professional privilege over witness accounts provided to solicitors at an early stage in an investigation.