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On Demand

Criminal Minds: Being prepared for issues of potential criminal liability that may arise during the course of a workplace investigation.


Credit Available - See Credits tab below.

Categories:
Advanced |  Ethics |  External Investigators |  Interviewing
Faculty:
Partner Christine Adams |  Susan Brown |  Brandon Fox
Duration:
1 hour
Format:
Audio and Video
Original Program Date:
Jun 09, 2022
License:
Never expires.



Description

SESSION DESCRIPTION

During the course of any investigation, issues of potential criminal liability on the part of an individual or an institution may unexpectedly arise. This presentation will identify different scenarios where this may occur and help prepare the investigator to skillfully navigate them.

We will explore strategies and obligations, depending whether an investigation is being conducted under privilege, whether the investigator is reporting directly to human resources or the office of general counsel, and whether litigation is anticipated or has already commenced.

We will also discuss the ways to move forward with a workplace investigation in the face of an ongoing parallel criminal investigation. 

LEARNING OBJECTIVES

  1. Understand the Fifth Amendment and its implications in workplace investigations. 

  1. Understand best practices for addressing issues of potential criminal liability when they arise. 

  1. Understand best practices for conducting a workplace investigation when there is an ongoing parallel criminal investigation. 

 

Disclaimer: The contents of this webinar and the positions taken are those of the presenter only, may be time sensitive, and are not warranted, endorsed or otherwise recommended by AWI and are not intended to provide legal advice.  

Cancellation Policy: If you must cancel your webinar registration and do so on or before Tuesday, June 7, your webinar registration fee will be refunded. To cancel your registration, email office@awi.org. There will be no refunds for cancellations received after Tuesday, June 7. 

Credits


HRCI Credits

HR (General) Credits: 1

 


SHRM

SHRM PDCs: 1


CA MCLE

California MCLEs: 1



Handouts

Speaker(s)

Partner Christine Adams's Profile

Partner Christine Adams

Adams, Duerk & Kamenstein


Susan Brown's Profile

Susan Brown


Susan Brown has over a decade of experience in high-stakes commercial and complex litigation, including Canada-US cross-border matters. In recent years, she has focused her practice on sensitive workplace investigations. Prior to law school, Susan worked in indigenous self government and as a senior policy advisor with the Ontario Attorney General in Canada. She received her juris doctor from the University of Toronto Faculty of Law, in 2009, and went on to practice with the Silicon Valley offices of Robins Kaplan LLP and Paliare Roland Rosenberg Rothstein LLP in Toronto, Canada. 


Brandon Fox's Profile

Brandon Fox


Brandon Fox has represented companies and individuals in complex litigation and white-collar matters in federal and state court and before regulatory bodies. He has led internal investigations for clients in Foreign Corrupt Practices Act (FCPA), securities fraud, workplace safety, health care fraud, and money laundering. Brandon also advises clients on their compliance efforts, and has represented universities in a variety of sensitive engagements.  

Brandon has served in several leadership roles with the US Department of Justice. As Chief of the Criminal Division of the US Attorney’s Office for the Central District of California, Brandon oversaw 180 federal prosecutors. Brandon supervised the $3 billion settlement with Wells Fargo related to its fake account opening and securities fraud scandal. While serving as the Chief of the Public Corruption and Civil Rights Section, he led an historic investigation of the Los Angeles County Sheriff’s Department, including the successful trials of elected Sheriff Leroy Baca, Undersheriff Paul Tanaka, and 19 other law enforcement officers for obstruction of justice, corruption and civil rights violations. 

Brandon also served in leadership roles while working as a federal prosecutor in Chicago, including supervising the Public Corruption and Organized Crime Section and the Financial Crimes and Special Prosecutions Section.