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On Demand

Updates from California: Cutting Edge Issues in Workplace Investigations


Credit Available - See Credits tab below.

Categories:
Internal Investigators |  External Investigators
Faculty:
Amy J Oppenheimer |  Eli Makus |  Karen Kramer |  Mr. Peter Matukas |  Ms. Ashwini Kulkarni
Duration:
90 minutes
Format:
Audio and Video
Original Program Date:
Nov 14, 2023
License:
Never Expires.



Description

Session Description:

A variety of fascinating legal issues arose in California during 2023 that promise to reverberate across the workplace investigation industry in coming years. Join past AWI presidents Amy Oppenheimer and Karen Kramer and current AWI President Eli Makus for a robust discussion on these essential topics. Specifically, the webinar will discuss the following developments:

  1. Enforcement efforts under California’s Private Investigator Act, which impact licensed attorneys and licensed private investigators
  2. Challenges during litigation discovery to attorney-client relationships; attorney-client privilege; and work product doctrine
  3. Recent challenges to investigator independence

Recent case law suggesting third-party employer agents can share in liability for underlying employment disputes

Learning Objectives: 

Through attending this session, participants will understand the following topics and be able to apply this knowledge to their investigative practice: 

  • Identify and explain recent legal developments;
  • Understand the potential impacts and risks for external investigation practices; and
  • Implement practical tips to preserve investigator independence, maintain appropriate privilege and work product doctrines, and more.

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. 

Credits


SHRM

SHRM PDCs: 1.5


CA MCLE

California MCLEs: 1.5



Handouts

Speaker(s)

Amy J Oppenheimer's Profile

Amy J Oppenheimer

Oppenheimer Investigations Group LLP


Amy Oppenheimer is the founding partner of Oppenheimer Investigations Group LLP, a California law firm that focuses on conducting impartial investigations. Amy also led the founding of the Association of Workplace Investigators (AWI) in 2009, helped develop the association’s curriculum and served as Chair of its Institute for several years. In addition to conducting investigations, Amy is a trainer, mediator, and coach. She is also a retired Administrative Law Judge for the State of California.


Eli Makus's Profile

Eli Makus

Van Dermyden Makus Law Corporation


Eli Makus, AWI-CH?is an employment attorney whose practice is focused on conducting impartial workplace investigations. Eli is the Managing Partner of Van Dermyden Makus Law Corporation. With thirty attorneys, Van Dermyden Makus is one of the largest law firms in the country devoted to providing neutral legal services, including conducting workplace investigations. Drawing upon his extensive employment law background, Eli conducts complex and sensitive investigations involving a variety of workplace complaints for public and private employers throughout California. Eli regularly trains on employment law topics, including training internal and external investigators on how to conduct impartial workplace investigations. Prior to focusing on workplace investigations, Eli served as in-house employment and medical staff counsel for a large healthcare provider. There, in addition to providing employment law advice and counsel, he conducted and supervised investigations and helped develop an internal investigations program. Before that, he worked for a large Northern California law firm representing employers in a variety of employment law matters. ?Eli is the Immediate Past President for the AWI Board of Directors and regularly serves as Faculty for AWI’s Training Institute. Eli earned his law degree from King Hall School of Law at the University of California, Davis.? 


Karen Kramer's Profile

Karen Kramer

Kramer Workplace Investigations


Karen Kramer, AWI-CH is an employment law attorney specializing in workplace investigations. Since forming Kramer-Wiese (now Kramer Workplace Investigations) in 2000, Karen’s practice focuses primarily on conducting personnel investigations involving allegations of discrimination, harassment and retaliation, as well as misconduct and disciplinary matters. Karen has conducted over 1000 workplace investigations for public agencies, and is well versed in the Public Safety Officers Procedural Bill of Rights and the Firefighters Procedural Bill of Rights. Many of these investigations involved complex and high-profile issues involving high level public employees and elected officials. Additionally, Karen has been deposed on approximately 10 occasions and has testified during administrative proceedings regarding investigations she conducted.? Karen is a graduate of the University of California, Irvine (1989) and University of the Pacific, McGeorge School of Law (1992). 


Mr. Peter Matukas's Profile

Mr. Peter Matukas

Associate

Matukas Workplace Investigations


Peter Matukas is an employment lawyer & external workplace investigator, founder of Matukas Workplace Investigations and is based in Toronto, ON.  Peter has been practicing in the area for over 15 years, joined AWI in 2018 and received the AWI-CH designation in 2018 as well.  Peter regularly presents upon workplace investigations and has authored numerous articles upon workplace investigations.  Peter is currently the convenor of the AWI Toronto Local Circle as well as a co-convenor of the CAWI National Circle for Canada.  Peter is also a member of the AWI Webinars committee.


Ms. Ashwini Kulkarni's Profile

Ms. Ashwini Kulkarni

Law Options, Inc.


Ashwini Kulkarni is a seasoned attorney with a JD equivalent from one of India's premiere law schools, with over 15 years of expertise in corporate law. Previously affiliated with SASHA, where she spearheaded initiatives supporting over 50 workplaces across diverse verticals, specializing in policy formulation, grievance mechanisms, and investigation pertaining to sexual harassment, gender and equality. Prior to relocating to Plesanton, CA, she ran her own law firm, catering to start up legal needs. She is a member of AWI since 2022 and working with Law Options, Inc. as an independent consultant supporting investigative work and employment law related policy making and documentation.