This document provides information about Workplace Investigations Group, which offers attorney investigators to conduct workplace investigations. It summarizes their benefits such as minimizing business disruption and eliminating conflicts of interest. The directory then profiles several attorney investigators and their experience in areas like Title IX investigations, workplace discrimination, and mediation. It concludes by discussing investigation training offered by Workplace Investigations Group.
Nationwide directory of attorneys who specialize in internal investigations of alleged workplace misconduct, such as harassment, discrimination, bribery, retaliation, fraud, etc.
Harassment and Discrimination Prevention Training for California Managers provides a comprehensive and interactive learning experience that satisfies California AB 1825 requirements but also offers practical, real-world strategies for today’s manager.
The state requires that all managers in California complete two hours of harassment training every other year and that new managers complete the training within six months of hire or promotion. Although managers outside of California are exempt from the requirement, it is highly recommended that any manager responsible for employees working in California also dedicate time to this learning opportunity to ensure there is a strong understanding of California’s broad protections for workers and steps that a business and a manager can take to reduce their exposure to risk in this area.
Log in for a basic understanding of California regulations as well as updates on:
• The affirmative obligation
• Personal liability of supervisors
• Updated disability protections
• New protected classes
Presented by Human Resources Account Manager, Rebecca McDonough, CA-SPHR.
This presentation will:
- Discuss why preventing harassment matters: Examples and impact
- Explain basics of discrimination and harassment liability
- Focus on what sexual harassment is
- Outline what managers need to know to prevent or respond to harassment
Nationwide directory of attorneys who specialize in internal investigations of alleged workplace misconduct, such as harassment, discrimination, bribery, retaliation, fraud, etc.
Harassment and Discrimination Prevention Training for California Managers provides a comprehensive and interactive learning experience that satisfies California AB 1825 requirements but also offers practical, real-world strategies for today’s manager.
The state requires that all managers in California complete two hours of harassment training every other year and that new managers complete the training within six months of hire or promotion. Although managers outside of California are exempt from the requirement, it is highly recommended that any manager responsible for employees working in California also dedicate time to this learning opportunity to ensure there is a strong understanding of California’s broad protections for workers and steps that a business and a manager can take to reduce their exposure to risk in this area.
Log in for a basic understanding of California regulations as well as updates on:
• The affirmative obligation
• Personal liability of supervisors
• Updated disability protections
• New protected classes
Presented by Human Resources Account Manager, Rebecca McDonough, CA-SPHR.
This presentation will:
- Discuss why preventing harassment matters: Examples and impact
- Explain basics of discrimination and harassment liability
- Focus on what sexual harassment is
- Outline what managers need to know to prevent or respond to harassment
How to deal with workplace bullying remains contentious. This speech by Josh Bornstein, examines the myths and misconceptions about workplace bullying.
Basic presentation on employment law for recruiters. Significant content in speaker notes only; many slides are all or mostly visuals. Contact me if interested in using.
Grievance complaint, reporting violation of one or more state and federal laws protecting employees against harassment, intimidation, retaliation, over-monitoring, increased surveillance, threat and false reporting.
This year's seminar discussed the following valuable and timely topics: importance of employee documentation; complying with pregnancy regulations in the workplace; a continuation of the discussion regarding the Affordable Care Act by special guest Emily Adams from USI Insurance; and the ever-growing issues companies face with telecommuting. Full agenda below.
Moderator; Larry Feheley
8:00 a.m. Registration, breakfast + networking
8:30 a.m. Case Law + Legislative Update; Larry Feheley
9:00 a.m. Pregnancy in the Workplace; Kailee Goold
Pregnant employees are protected under a variety of employment laws, including the PDA, ADA, FMLA and FLSA. Kailee will explain what employers need to know about these laws and provide advice on how to prevent claims from arising.
9:45 a.m. The Dos + Don'ts of Documentation; Jeffrey C. Miller
Documentation can be key if the need to discipline an employee occurs. Jeff will provide practical and legal advice regarding creating and maintaining accurate, sufficient and consistent documentation that can aid in making fair employment decisions and, if necessary, defending those employment decisions in court.
10:45 a.m. Health Care Strategy in a Post-ACA World; Emily Adams
Emily Adams, employee benefits consultant at USI Insurance Services, will provide advice on various ways employers can handle health care costs while maintaining compliance with the Affordable Care Act.
11:30 a.m. Telecommuting at Work: Who, What, + How; Brendan Feheley
Telecommuting is increasingly becoming a part of the American work culture and can make it difficult for employers to manage and decipher what is considered working time. Brendan will examine this issue and offer processes and solutions companies should adopt to streamline policies on telecommuting.
Law and ethics – legal opinion on cases between companies and employees / Ali...DevGAMM Conference
Unfortunately, not everything that is legal is ethical, and not everything that is unethical is illegal. Let's talk about the issues of working in a company at the edge of law and ethics:
1. Recruitment. Is it legal to ask about the babyplanning when hiring? Can one put specific requirements in vacancies?
2. Confidentiality. We all sign NDAs, but to what extent is this a working tool? Are there real cases of bringing an employee to responsibility for disclosing confidential information?
3. Being employed by competitor. Many employment contracts include a so-called non compete clause and prohibit former employees from opening their own companies or moving to work for competitors. How legal is it?
4. Personal data. How to ethically use the employee's personal data?
Input of Workplace Investigations Group to EEOC advocating for additional example to be added to Best Practices section of the EEOC's Proposed Enforcement on Retaliation and Related Issues
How to deal with workplace bullying remains contentious. This speech by Josh Bornstein, examines the myths and misconceptions about workplace bullying.
Basic presentation on employment law for recruiters. Significant content in speaker notes only; many slides are all or mostly visuals. Contact me if interested in using.
Grievance complaint, reporting violation of one or more state and federal laws protecting employees against harassment, intimidation, retaliation, over-monitoring, increased surveillance, threat and false reporting.
This year's seminar discussed the following valuable and timely topics: importance of employee documentation; complying with pregnancy regulations in the workplace; a continuation of the discussion regarding the Affordable Care Act by special guest Emily Adams from USI Insurance; and the ever-growing issues companies face with telecommuting. Full agenda below.
Moderator; Larry Feheley
8:00 a.m. Registration, breakfast + networking
8:30 a.m. Case Law + Legislative Update; Larry Feheley
9:00 a.m. Pregnancy in the Workplace; Kailee Goold
Pregnant employees are protected under a variety of employment laws, including the PDA, ADA, FMLA and FLSA. Kailee will explain what employers need to know about these laws and provide advice on how to prevent claims from arising.
9:45 a.m. The Dos + Don'ts of Documentation; Jeffrey C. Miller
Documentation can be key if the need to discipline an employee occurs. Jeff will provide practical and legal advice regarding creating and maintaining accurate, sufficient and consistent documentation that can aid in making fair employment decisions and, if necessary, defending those employment decisions in court.
10:45 a.m. Health Care Strategy in a Post-ACA World; Emily Adams
Emily Adams, employee benefits consultant at USI Insurance Services, will provide advice on various ways employers can handle health care costs while maintaining compliance with the Affordable Care Act.
11:30 a.m. Telecommuting at Work: Who, What, + How; Brendan Feheley
Telecommuting is increasingly becoming a part of the American work culture and can make it difficult for employers to manage and decipher what is considered working time. Brendan will examine this issue and offer processes and solutions companies should adopt to streamline policies on telecommuting.
Law and ethics – legal opinion on cases between companies and employees / Ali...DevGAMM Conference
Unfortunately, not everything that is legal is ethical, and not everything that is unethical is illegal. Let's talk about the issues of working in a company at the edge of law and ethics:
1. Recruitment. Is it legal to ask about the babyplanning when hiring? Can one put specific requirements in vacancies?
2. Confidentiality. We all sign NDAs, but to what extent is this a working tool? Are there real cases of bringing an employee to responsibility for disclosing confidential information?
3. Being employed by competitor. Many employment contracts include a so-called non compete clause and prohibit former employees from opening their own companies or moving to work for competitors. How legal is it?
4. Personal data. How to ethically use the employee's personal data?
Input of Workplace Investigations Group to EEOC advocating for additional example to be added to Best Practices section of the EEOC's Proposed Enforcement on Retaliation and Related Issues
EEOC Testimony of Lorene Schaefer. EEOC Public Hearing on the EEOC's Development of a Quality Control Plan for Private Sector Investigations and Conciliations.
05.31.2018 Resolving Shareholder and Investor DisputesExpert Webcast
MAJOR TOPICS:
Disclosure based settlements of shareholder litigation challenging merger transactions (Dead or Alive post Trulia)
Structuring Cash out mergers by majority or controlling shareholders (MFW)
Business Judgment Rule Review for Post- Closing Damages Cases (Corwin)
Developments in Appraisal Proceedings
In 2014, employers were sued in more than 88,000 employment-related lawsuits. As managers in small to mid-sized businesses, it is critical to identify and avoid legal pitfalls when hiring, managing, and terminating employees. To help you, we’ve created a 3-part webcast series with seasoned attorneys from Fenwick & West’s Employment Practices Group.
In this first webcast, Sheeva J. Ghassemi-Vanni, Senior Associate at Fenwick & West, will cover the hidden risks in the initial stages of the employment process: recruiting and onboarding employees. She will address:
- An overview of discrimination law and how to legally screen candidates
- What red flags to look for when
- Interview dos and don'ts
The Securities and Exchange Commission (“SEC”) just issued a press release announcing KBR, Inc. has its “first enforcement action against a company for using improperly restrictive language in confidentiality agreements with the potential to stifle the whistleblowing process.”
At issue, was KBR, Inc.’s standard practice of requiring employees interviewed in internal investigations to sign confidentiality statements with the following language:
“I understand that in order to protect the integrity of this review, I am prohibited from discussing any particulars regarding this interview and the subject matter discussed during the interview, without the prior authorization of the Law Department. I understand that the unauthorized disclosure of information may be grounds for disciplinary action up to and including termination of employment.”
The SEC found those terms violated Rule 21F-17, which prohibits companies from taking any action that would impede whistleblowers from reporting possible securities violations to the SEC.
In addition to agreeing to pay a fine of $130,000, KBR, Inc. also agreed to amend its standard confidentiality statement signed by employees interviewed during an internal investigation to read as follows:
“Nothing in this Confidentiality Statement prohibits me from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the Congress, and any agency Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. I do not need the prior authorization of the Law Department to make any such reports or disclosures and I am not required to notify the company that I have made such reports or disclosures.”
To read more visit www.WinWinHR.com
Jury instructions in Ellen Pao v. Kleiner Perkins gender discrimination and retaliation case. Original available at court site: http://www.sfsuperiorcourt.org/sites/default/files/pdfs/PaoJuryInstructions.pdf
Federal Judge's order of sanctions against Wal-Mart for its failure to preserve videotape in retaliation and discrimination lawsuit in Atlanta, Georgia.
Wal-Mart settles discrimination and retaliation case following federal judge sanction for its failure to preserve video tape in discrimination and retaliation case.
Motion for Sanctions filed against Wal-Mart for failure to preserve videotape in discrimination and harassment lawsuit in federal court in Atlanta, Georgia
Tips for conducting investigations that employees and other stakeholders trusts. The leverage social media provides employees can be more problematic and immediate than a traditional administrative charge or even a lawsuit. A quick post can negatively impact employee morale, as well as damage recruitment and retention efforts.
Upjohn warnings are named after Upjohn v. United States, 449 U.S. 383 (1981), the case in which the Supreme Court made clear that the corporate attorney-client privilege applied to a much wider group of Constituents than the corporation’s “control group.” For more tips on preserving the privilege click here: http://winwinhr.com/workplace-investigations-tips-templates-for-preserving-the-privilege/
Jury awarded $999,891.70 in back pay and benefits in age discrimination case. Also awarded $500,000 in compensatory damages for emotional distress and found that "IBM knew or showed reckless disregard for whether its termination [of employee] constituted age discrimination."
IBM opposed plaintiff's motion to preclude introduction of the internal investigation conducted by HR. IBM argued that the investigation was directly relevant to IBM's motive in deciding to terminate plaintiff and that the investigation report was admissible as a business record. IBM also argued that it needed the investigation report to defend itself against plaintiff's claim of "willfulness."
61-year old employee claimed IBM's internal investigation by human resources should be precluded from introduction at trial because its probative value was far outweighed by its prejudicial effect and its introduction to the jury would result in confusion and delay.
Federal judge in Connecticut grants plaintiff's motion to preclude introduction of human resources internal workplace investigation because it was not "conducted by a neutral party."
Bass Pro Outdoor World opposes EEOC's argument that federal courts don’t have the power to enforce Title VII’s requirement that the EEOC conciliate in good faith.
At Techbox Square, in Singapore, we're not just creative web designers and developers, we're the driving force behind your brand identity. Contact us today.
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Navigating the world of forex trading can be challenging, especially for beginners. To help you make an informed decision, we have comprehensively compared the best forex brokers in India for 2024. This article, reviewed by Top Forex Brokers Review, will cover featured award winners, the best forex brokers, featured offers, the best copy trading platforms, the best forex brokers for beginners, the best MetaTrader brokers, and recently updated reviews. We will focus on FP Markets, Black Bull, EightCap, IC Markets, and Octa.
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2. 2
Our attorney investigators
are experienced professionals
who conduct workplace
investigations of various sizes
nationwide. This directory
allows Corporate Counsel, EEO
Compliance Officers and Title IX
officials and their organizations
to easily mobilize a credentialed
expert who will conduct an
impartial investigation in a
timely, effective, professional,
and competent manner.
Why Use Workplace
Investigations
Group?
Benefits of Using
WIG Investigators:
▪ Minimizes business disruption to the
organization and regular workflow.
▪ Seamless responsiveness to needs as
they arise.
▪ Eliminates any actual or perceived
conflicts of interest in the process.
▪ When initiated properly, establishes
and preserves the Attorney-
Client Privilege and Work Product
protections.
▪ Avoids turning regular legal counsel
into a fact witness that disqualifies the
attorney from representing the entity
later in the matter.
▪ Mitigates potential claims of
retaliation.
▪ Takes“investigator”employees out
of the situation so that ongoing
employee relationships can be
maintained and past relationships do
not taint the results.
▪ Ensures that experienced professionals
with solid experience in the field
of employment law are involved
in assessing what is relevant and
important.
▪ Provides an unbiased, factual,
accurate and independent report so
that employers can make informed
decisions.
3. 3
Welcome from Our President
Welcome! As President of Workplace Investigations Group,
it is my pleasure to share this directory of well-qualified
and experienced employment attorneys who conduct
neutral workplace and Title IX investigations. The bios of our
attorney investigators here are among the most experienced
investigators in the country. Others can be found on our on-line
directory at www.internal-investigations.com.
Investigation Training Offered Nationwide
In addition to being the only vetted directory of attorneys who
investigate misconduct, EEO and Title IX related complaints,
Workplace Investigations Group also delivers investigation
training in various locations throughout the year. Developed by
a cross-functional team of experienced litigators and educators,
our training provides an interactive and authentic experience.
Participants develop investigative skills and gain a legally
based understanding of the investigative process. These classes
range from 1 to 3 days and are accredited. Check out the 2016
schedule in the back of this directory for more information.
Customized On-Site Training
We also offer customized, on-site training for one employer and
tailor the standard curriculum to the specific culture, processes
and policies of the employer.
To learn more or discuss your training needs, please give
us a call at 1-800-830-1561 or visit our website at Internal-
Investigations.com. We look forward to hearing from you.
Best regards,
Lorene Schaefer
Lorene F. Schaefer, Esq.
President
Workplace Investigations Group
1827 Powers Ferry Rd.
Suite 23-200 | Atlanta, GA 30339
www.Internal-Investigations.com | (800) 830-1561
4. 4
Lorene F. Schaefer, Esq.
Prior to focusing her practice on providing neutral
investigation and mediation services, Lorene was in-house
counsel at the General Electric Company for over 14
years. Lorene has led hundreds of complex and sensitive
investigations into allegations of misconduct, including
Title IX, sexual harassment, retaliation, discrimination,
insider trading, FCPA, and violations of company policy.
She is also a trusted media resource providing a balanced
perspective on workplace issues to various media outlets,
including The Wall Street Journal, Corporate Counsel, Inside
Counsel and SHRM Magazine.
Lorene’s personal and professional experiences enable her
to quickly establish trust and confidence in the integrity
of the investigative process. Her reports routinely are
described as thorough and transparent as to analysis and
conclusions.
Lorene also serves as faculty for Workplace Investigations
Group training courses.
Career Highlights
▪▪ One of 7 attorneys invited by EEOC to offer suggestions
on its investigation and conciliation processes
▪▪ Author of WinWinHR.com, 3rd place winner in Labor and
Employment category of The Expert Institute’s 2015 Best
Legal Blog Contest
▪▪ Certified Federal EEO Investigator
Lorene F. Schaefer, Esq., President
Workplace Investigations Group | 1827 Powers Ferry Rd.
Suite 23-200 | Atlanta, GA 30339 | www.Internal-Investigations.com
Lorene@Internal-Investigations.com | (404) 680-8986
Lorene F. Schaefer, Esq.
President
5. 5
Jennifer H. Keaton, Esq.
Jennifer Keaton, Esq.
Vice President
Jennifer Keaton, Esq. is a full-time neutral who regularly
serves as a grievance officer, arbitrator, workplace
investigator and mediator.
Ms. Keaton has previously worked at a defense law firm for
over a decade representing public and private employers
in matters that ranged from policy consultations on
employee relations matters to litigation appealed to
the U.S. Supreme Court. Over the course of her career,
she has also worked as in-house counsel for a large
communications company. As such, she knows first-hand
about the importance of a well-conducted, thorough,
professional, prompt and impartial internal investigation
that will withstand scrutiny.
As Vice President of Workplace Investigations Group, Ms.
Keaton has combined her years of legal experience and
expertise with her M.Ed. to develop a training curriculum
that uses a variety of techniques (e.g., class discussions,
demonstrations, games and role plays) to teach
supervisors, HR professionals, in-house counsel, and risk
managers how to conduct effective internal investigations.
Career Highlights
▪▪ JD from Wake Forest University School of Law and an
M.Ed. from Columbia University
▪▪ Ms. Keaton has conducted internal investigations
for governmental entities, housing authorities, small
businesses, and businesses that are as large as those of
the Fortune 500
▪▪ Certified Federal EEO Investigator
Jennifer Keaton, Esq., Vice President
Workplace Investigations Group | 1827 Powers Ferry Rd.
Suite 23-200 | Atlanta, GA 30339 | www.Internal-Investigations.com
JKeaton@Internal-Investigations.com | (404) 409-1348
6. 6
Courtney H. Bullard, Esq.
Courtney has practiced employment law for over 15 years,
representing hundreds of private and public entities in
harassment and discrimination charges and litigation. For
8 years, she served as a University system attorney where
she advised on employment and Title IX investigations.
Courtney regularly counsels employers on employment-
law related matters and institutions in Title IX compliance.
She specializes in Title IX investigations for private and
public institutions. Courtney received her undergraduate
degree from Indiana University and earned her J.D. from
the University of Memphis School of Law where she
served as Comments Editor of the Law Review.
Career Highlights
▪▪ Rule 31 Civil Mediator
▪▪ Regularly provides Title IX investigator training to
secondary and higher education institutions
Courtney H. Bullard, Esq.
Courtney H. Bullard, Esq.
Institutional Compliance Solutions | 801 Broad Street
Chattanooga, TN 37402 | www.icslawyer.com
Chb@icslawyer.com | (423) 710-4027
7. 7
Linda G. Burwell, Esq.
Linda G. Burwell is the President of National Employment
Counsel, PLLC, a niche firm serving in-house counsel,
law firms and insurers, specializing in workplace
investigations.
Ms. Burwell’s experience is global and she has conducted
hundreds of investigations involving high-level
individuals, including CEOs, presidents, CFOs, board
members, owners of companies, and other executives
regarding sensitive workplace issues, including bullying,
harassment, discrimination, retaliation, whistleblower,
fraud, ethical violations, grade changing, SOX and other
employee incidents.
She is a nationally recognized employment law expert
with over 30 years’experience and is a frequent speaker
and author on employment law, risk management,
and investigations, including presenting at the annual
conference of the Association of Workplace Investigators.
She is a court-approved mediator and conducts remedial
training pursuant to EEOC consent decrees.
Ms. Burwell has received numerous awards and honors
including being recognized in the Best Lawyers in
America, Chambers USA, one of Michigan’s Super Lawyers,
Leaders in the Law by Michigan Lawyers Weekly, and Top 50
Female Lawyers in Michigan.
Career Highlights
▪▪ Prior to forming National Employment Counsel, she
co-founded and grew an employment defense firm into
the largest women-owned defense firm in the state of
Michigan.
▪▪ Recognized as an expert by the EEOC, she was invited
to testify before the Commission in Washington, D.C.
regarding investigations and conciliations.
Linda G. Burwell, Esq.
Linda G. Burwell, Esq.
National Employment Counsel PLLC | 16 Oxford Blvd.
Pleasant Ridge, MI 48069 | www.nationalemploymentcounsel.com
linda@nationalemploymentcounsel.com | (248) 730-5583
8. 8
Diane E. Citrino, Esq.
Diane Citrino is experienced in conducting investigations
in work and school settings. She is objective and neutral
and has extensive experience in investigations ranging
from alleged misconduct at the highest levels of
corporations to student-on-student harassment claims.
When an impartial investigation is needed to bring clarity
to a jumble of innuendo and assertions, Diane moves
quickly to capture the facts.
As an experienced litigator who has first-chaired federal
and state cases for her clients for over 25 years, she
has been peer recognized for her legal knowledge and
honored for her commitment to the legal profession. She
has obtained Martindale-Hubbell’s coveted AV rating for
over 15 years. As a former Regional Director for the Ohio
Civil Rights Commission, Diane supervised hundreds of
investigations each year in employment, housing and
public accommodations. Diane currently serves as chair
of the Ohio Advisory Committee to the U.S. Civil Rights
Commission.
You can learn more about Diane’s practice in this cover
article in Attorney at Law Magazine, http://winwinhr.com/
investigator-diane-citrino-esq-featured-in-attorney-at-
law-magazine.
Career Highlights
▪▪ Former Regional Director of Ohio Civil Rights
Commission
▪▪ JD 1982 U.C. Berkley Law; BA 1979 Brown University
Diane E. Citrino, Esq.
Diane E. Citrino, Esq.
Giffen & Kaminski | 1300 East Ninth St.
Suite 1600 | Cleveland, OH 44114 | www.thinkgk.com
dcitrino@thinkgk.com | (216) 621-5161
9. 9
Mark J. Flynn, Esq.
Mark Flynn is an employment attorney in Denver,
Colorado and founder of Employment Matters LLC and
Flynn Investigations Group (“EMFIG”). Mark started EMFIG to
continue his specialization in conducting and managing
workplace and school investigations. Previously, Mark
worked at a 3,000-member employers’association for over
18 years, where he developed and managed a team of
investigators and counseled employers on all aspects of
employment law.
A graduate of the University of Michigan and Chicago-
Kent College of Law, Mark has managed and conducted
impartial investigations and broader assessments to
address all forms of workplace discrimination, harassment,
sexual violence, retaliation claims, and other misconduct,
performance and behavioral concerns involving all levels
of management – including elected officials.
Mark is a sustaining member of the Association of
Workplace Investigators (“AWI”) and serves on AWI’s
Guiding Principles Committee.
Career Highlights
▪▪ Developed investigation protocols, trained a staff of
attorney investigators, and managed intake and quality
assurance of approximately 120 investigations annually
over the past decade
▪▪ Published multiple articles on workplace investigations
and unlawful retaliation
▪▪ Acted as an expert witness on the adequacy of
workplace investigations in federal trial matters
Mark J. Flynn, Esq.
Mark J. Flynn, Esq.
Employment Matters LLC and Flynn Investigations Group LLC
2373 Central Park Blvd. | Suite 100
Denver, CO 80238 | www.emfig.com
mflynn@emfig.com | (303) 803-1686
10. 10
Amy L. Lieberman, Esq.
Amy Lieberman has been a full-time neutral in
employment law for close to 15 years. Her ADR practice
is exclusively devoted to preventing and resolving
workplace conflict and employment litigation, through
investigation and fact-finding, training, mediation and
arbitration.
Amy has investigated, mediated and resolved over 1000
complex and sensitive workplace matters, including claims
for sexual harassment, discrimination, retaliation, hostile
work environment and other types of misconduct, EEOC
charges, internal disputes and class-wide litigation. She
is a member of the National Academy of Distinguished
Neutrals, the American Arbitration Association, and the
American College of Civil Trial Mediators. Amy has also
mediated on a contract basis for the EEOC for over ten
years. She is the author of the acclaimed book, Mediation
Success: Get it Out, Get it Over, Get Back to Business (May
2012).
Ms. Lieberman regularly trains Human Resource
professionals and lawyers on employment investigation
techniques and mediation skills. She is an internationally
sought after speaker on resolving employment conflict.
Career Highlights
▪▪ Over ten year’s recognition in“Best Lawyers in America”
and“Southwest Super Lawyers”
▪▪ Ranked as Arizona’s top ADR lawyer by Arizona Business
Magazine, 2013
Amy L. Lieberman, Esq.
Amy L. Lieberman, Esq.
Insight Employment Mediation LLC | 8149 North 87th Pl.
Suite 208 | Scottsdale, AZ 85258 | www.insightemployment.com
amy@insightemployment.com | (480) 246-3366
11. 11
Julie Moore, Esq.
Julie A. Moore, Esq., SPHR, is president of Employment
Practices Group, a legal and Human Resources consulting
firm that she founded in 1998.
The majority of Julie’s work is as an independent fact
finder, where she conducts investigations into alleged
harassment and other forms of misconduct. She has
conducted over 100 investigations and has also acted as
legal counsel to employers handling matters internally. In
addition to her work with public and private employers,
she has acted as independent fact finder for educational
institutions, including Harvard University and Amherst
College, where she assists in the confidential investigation
of disciplinary matters, including cases involving
allegations of sexual misconduct.
Career Highlights
▪▪ Board member and conference chair of the Association
of Workplace Investigators
▪▪ Inducted as a Fellow into the College of Labor and
Employment Attorneys
Julie A. Moore, Esq.
Julie A. Moore, Esq.
Employment Practices Group | 8 Rice St.
Suite 201 | Wellesley, MA 02481 | www.employmentpg.com
jmoore@employmentpg.com | (978) 975-0080
12. 12
Kathy Perkins, Esq.
Kathy Perkins founded her firm in 2008 after 25 years
experience litigating employment disputes on behalf
of employers. Her focus is resolving workplace conflict
proactively through employee counseling, mediation
and investigations. Kathy is a skilled outside neutral
investigator, drawing on her litigation experience to
develop a process and documentation that supports
employer decision-making and legal compliance. She has
testified in depositions and in court settings.
Kathy also trains HR managers on her Workplace
Investigations Program, a systematic form-based approach
for employers to address employee issues from the
smallest complaint to a high stakes harassment claim.
Kathy holds a J.D. from Harvard Law School and a B.S.
in Civil Engineering from Kansas State University. She is
licensed in Kansas, Missouri, D.C. and Idaho (inactive).
Career Highlights
▪▪ Outside investigation experience on high stakes
matters including sexual harassment, whistle blowing,
embezzlement, race discrimination, and retaliation.
▪▪ Frequent speaker on workplace and dispute resolution
issues including ABA ADR section and annually
presenting an investigations session at the LEAP (Labor
and Employment Advanced Practices) Symposium,
sponsored by the National Institute of Business
Management.
Kathy Perkins, Esq.
Kathy Perkins, Esq.
Kathy Perkins, LLC | 700 Massachusetts St.
Suite 303 | Lawrence, KS 66044 | www.kathyperkins.com
kathy@kathy-perkins.com | (785) 856-0200
13. 13
Nancy Pridgen, Esq.
Nancy focuses her practice on employment litigation in
the federal courts, and has handled, in some capacity,
nearly every type of employment law matter that
exists, including employment discrimination (age, race/
nationality, gender, disability), retaliation, harassment,
unemployment, FMLA, FLSA/wage and hour, ERISA/
employee benefits, employment contracts, etc.
Nancy’s experience as an Assistant U.S. Attorney and as
an Assistant Attorney General provides her with valuable
insights on conducting investigations. Since leaving the
public sector, Nancy’s keen understanding of employment
law has served private employers as well.
Nancy is a proud graduate of Auburn University, where
she graduated summa cum laude, as the President’s Award
winner for the College of Liberal Arts for her graduating
class, with a double major and in the University Honors
Program. Nancy received her law degree from Vanderbilt
Law School, where she served as a Managing Editor
of the Vanderbilt Law Review, and was named NAWL’s
Outstanding Woman Law Graduate for her class, in
addition to her Dean’s List honors.
Career Highlights
▪▪ Nancy writes and speaks often on ERISA/employment
litigation topics; you can access the titles of her
publications and speaking engagements from the bio
page on her firm website, www.patelburkhalter.com.
▪▪ Nancy currently serves as an Officer in the Georgia State
Bar Employee Benefits Section
Nancy B. Pridgen, Esq.
Nancy B. Pridgen, Esq.
Patel Burkhalter Law Group | 4045 Orchard Road
Building 400 | Atlanta, GA 30080 | www.patelburkhalter.com
npridgen@patelburkhalter.com | (678) 974-1721
14. 14
Sindy Warren, Esq.
Sindy Warren, Esq.
Warren & Associates, LLC | 2735 Landon Road
Shaker Heights, OH 44122 | www.SindyWarren.com
sindy@sindywarren.com | (216) 965-7024
Sindy has been helping employers comply with
employment laws for nearly 20 years. An experienced
workplace investigator, she is a sought-after speaker on the
topic and has served as an expert witness as well. Sindy’s
insights and experience were recently sought by the EEOC,
as she testified before the Commission’s Task Force on the
Study of Workplace Harassment.
Before beginning her workplace investigation work, Sindy
worked as an employment litigator at McCutchen Doyle
in San Francisco; Foley Hoag in Boston; and Duvin, Cahn
& Hutton in Cleveland. She brings her legal expertise and
experience to her investigation work.
Career Highlights
▪▪ JD, Stanford Law School (with honors)
▪▪ Member of Association of Workplace Investigators (AWI)
Sindy Warren, Esq.
15. 15
Allison West, Esq.,
SPHR, SHRM-SCP
In 2000, Allison started Employment Practices
Specialists after practicing law at a San Francisco labor
and employment boutique. Allison helps employers
with educating their workforce, minimizing legal risk
and creating a culture of respect and productivity.
She conducts workplace investigations in the areas of
harassment, discrimination, retaliation, whistleblower
claims, theft and other misconduct. She has conducted
over 100 investigations and provides expert witness
testimony on the adequacy of investigations.
Allison is a nationally recognized and sought after speaker
and also delivers interactive training around the country
on investigations, employment law and human resources
related topics and provides remedial executive coaching.
She is a member of the State Bar of California and also
holds the Senior Professional in Human Resources
and SHRM-SCP certifications. She is a member of the
International Association of Interviewers and was on
the Technical Committee for creating international
ANSI standards for investigations entitled, Managing
the Investigative Process – Guidance on Conducting
Investigations.
Career Highlights
▪▪ Board and Sustaining Member, Association of Workplace
Investigators
▪▪ Faculty at the Association of Workplace Investigators
Training Institute
Allison West, Esq., SPHR, SHRM-SCP
Allison West, Esq., SPHR, SHRM-SCP
Employment Practices Specialists | 446 Old County Road #100-328
Pacifica, CA 94044 | www.employmentpractices.net
awest@employmentpractices.net | (650) 557-1400
16. The determination of whether the attorney-client privilege and
work product doctrines apply is heavily fact dependent. There is
no“magic bullet.”With that said, here are eight tips for maximizing
the likelihood an investigation will be deemed privileged:
Tips & Templates
for Preserving Privileges
▪▪ Beware putting compliance processes on auto-pilot. Every
allegation of misconduct should involve an initial determination
as to which allegations will be investigated and by whom (or at
whose direction).
▪▪ Counsel should be involved early to assess privilege issues. The
later corporate counsel (either in-house or outside counsel) is
involved in the receipt or processing of misconduct allegations,
the less likely the investigation will be deemed privileged.
▪▪ Formally document when an internal workplace investigation is
being conducted for the purpose of obtaining legal advice.
▪▪ Document any threat of litigation, veiled or overt.
▪▪ If a non-attorney is going to assist in the investigation, the
company attorney should give the non-attorney an Upjohn
letter.
▪▪ Give all corporate witnesses that are interviewed Upjohn
warnings and get an acknowledgement.
▪▪ Mark all documents created during the course of the
investigation as attorney-client privileged and subject to the
attorney work product doctrine.
▪▪ Maintain the investigation files in a confidential manner and do
not discuss the investigation except with those with a legitimate
need to know.
17. To: Non-Attorney Assisting Legal Counsel in an Internal Investigation
From: Legal Counsel
Date:
Re:
I am legal counsel for __________ (insert company name) and have
been retained to provide legal counsel to the company regarding
______________. I have asked that you assist me in gathering relevant facts
in order for me to provide such legal advice. In gathering such relevant facts,
you will at all times be working at my direction and your communications
with me will be protected by the attorney-client privilege.
The attorney-client privilege belongs solely to the Company and not you.
That means that only the Company may elect to waive the attorney-client
privilege and reveal our communications to third parties.
In order for our communications to be protected by the attorney-client
privilege, they must be kept in confidence. All of your communications with
me regarding this investigation should be marked“Prepared at Request of
Counsel. Attorney-Client Privileged. AttorneyWork Product.”All documents
related to this investigation should be retained in a separate location and
treated with confidence. You should not discuss this investigation with
anyone other than me without my pre-approval.
You should advise all individuals you interview during the gathering of
relevant facts of the attorney-client privilege. Specifically, you should
advise all individuals interviewed as follows:
I am working at the direction of the Company’s legal counsel
and am conducting this interview to gather facts to give to the
Internal-Investigations.com 1-800-830-1561
Template of Upjohn1
memorandum to be given
to all non-attorneys assisting legal counsel
in an internal investigation.
1 Upjohn warnings are named after Upjohnv.UnitedStates, 449 U.S. 383 (1981), the case
in which the Supreme Court made clear that the corporate attorney-client privilege
applied to a much wider group of Constituents than the corporation’s“control group.”
Template continued on next page...
18. Company’slawyer.TheCompany’slawyerwillrelyonthesefactsin
order to provide legal advice for ____________________ (insert
name of company). This interview is part of an investigation to
determine the facts and circumstances of _____ (insert brief
description of allegation(s)) in order to advise the company how
best to proceed.
Your communications with me are protected by the attorney-
client privilege.
The attorney-client privilege belongs solely to the Company and
not you. That means that only the Company may elect to waive
the attorney-client privilege and reveal our discussion to third
parties.
In order for this discussion to be subject to the privilege, it must be
kept in confidence. In other words, with the exception of your own
attorney, you may not disclose the substance of this interview to
any third party, including other employees or anyone outside of
the company. You may discuss the facts of what happened but
you may not discuss this discussion.
Do you have any questions?
Are you willing to proceed?
Internal-Investigations.com 1-800-830-1561
19. Nationwide & On-Site Options
Workplace Investigations Group offers its workplace investigation
training courses in various locations throughout the year. We also offer
customized training for employers and organizations that wish to train
larger groups at their own location.
Please contact Alex@Internal-Investigations.com to learn more about
our on-site training options that can be tailored to the specific needs of
your organization.
For our national offering of training, please see our calendar and
locations below for upcoming, scheduled training offerings. Seminar
agendas can be found on our website under the Training link at
www.Internal-Investigations.com.
Investigation
Training
Workplace Investigations Group
1827 Powers Ferry Rd.
Suite 23-200
Atlanta, GA 30339
www.Internal-Investigations.com
P: (800) 830-1561
February 11–12, 2016, Washington, D.C.
February 17–18, 2016, Miami, FL
March 2–3, 2016, Las Vegas, NV
April 27–28, 2016, Chicago, IL
April 27–28, 2016 ,Cincinnati, OH
May 10–11, 2016, St. Louis, MO
June 8–9, 2016, Atlanta, GA
June 14–15, 2016, Newton, MA
November 2–3, 2016, Dallas, TX