What to expect during an Internal Investigation

What to expect during an Internal Investigation

Lesley Brovner & Mark Peters
June 6, 2024

Internal workplace investigations are an important tool to manage a company’s or nonprofits’ risk. They can be done prior to any public accusations of wrongdoing or government investigations to determine general compliance, or they can be done in response to either public accusations of wrongdoing or a government investigation. Either way, there are certain basic steps that any investigative attorney will take to complete such an inquiry.

When should you conduct an internal workplace investigation?

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What to expect during an Internal Investigation2024-06-14T00:56:34+00:00

CHNANY: Canna Provisions, Inc., et al, v. Garland

CHNANY: Canna Provisions, Inc., et al, v. Garland

By Lesley Brovner, Mark Peters & Jonathan Bunch
May 1, 2024

Last October, an alliance of cannabis-industry operators and investors hired David Boies, head of Boies Schiller Flexnor, to file suit against Attorney General Merrick Garland alleging that they have been significantly harmed and have faced unfair challenges to their business operations due to the Controlled Substances Act (“CSA”) barring the production, distribution, and possession of marijuana.

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CHNANY: Canna Provisions, Inc., et al, v. Garland2024-05-20T19:24:05+00:00

Common Legal Issues in Internal Investigations

Common Legal Issues in Internal Investigations

Lesley Brovner & Mark Peters
February 13, 2024

An internal investigation is a formal inquiry conducted by an organization to determine whether external laws or regulations or internal policies have been violated and to allow either discipline of wrongdoers and/or changes to internal compliance policies. An internal investigation can also allow an organization to respond to inquiries from law enforcement and regulators, improve internal procedures and respond to public inquiries and manage reputational risk. Below are some areas of law to be mindful of when determining whether to conduct an internal investigation, and if so, how to proceed while avoiding common mistakes.

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Common Legal Issues in Internal Investigations2024-04-16T22:23:44+00:00

Common Regulatory Matters FAQs

Common Regulatory Matters FAQs

Lesley Brovner & Mark Peters
January 8, 2024

In an increasingly regulated environment, businesses and nonprofits often get inquiries — formal and informal — from government agencies at the municipal, state and federal level. Sometimes the issues raised by the government are quickly resolved with a letter or meeting and sometimes they evolve into a full blown, white collar, investigation that can divert time, resources and attention away from other business matters. It is important to have attorneys who can determine whether your organization is in compliance with all relevant rules and regulations, and manage formal investigations when they cannot be avoided.

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Common Regulatory Matters FAQs2024-02-14T23:07:07+00:00

How to Avoid Common Regulatory Violations

How to Avoid Common Regulatory Violations

Lesley Brovner & Mark Peters
November 2, 2023

In an increasingly regulated environment, businesses and nonprofits often get inquiries — formal and informal — from government agencies at the municipal, state and federal level. To manage their risk, it is important for businesses to stay up to date with their industry’s rules and regulations. Additionally, it is incumbent upon businesses to have a robust compliance program which includes regulatory updates and training.

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How to Avoid Common Regulatory Violations2024-02-14T23:08:18+00:00

Does Title IX Apply to Private Schools in New York?

Does Title IX Apply to Private Schools in New York?

Lesley Brovner & Mark Peters
October 17, 2023

Title IX of the Educational Amendments of 1972 (Title IX) applies to all schools – public and private – that receive federal funding. Once a school receives federal funding, its existence as a private or independent school does not exempt it from Title IX’s requirements except in certain specific ways, discussed below.

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Does Title IX Apply to Private Schools in New York?2024-02-14T23:10:37+00:00

Labor Laws For Salaried Employees

Labor Laws For Salaried Employees

Lesley Brovner & Mark Peters
October 3, 2023

There are a number of laws that regulate how employers must treat salaried employees, including laws related to paid overtime for working more than forty hours a week. Federal, State and City government all have a variety of legal and regulatory schemes that offer employees protection, and it is important that both employers and employees understand these interlocking laws.

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Labor Laws For Salaried Employees2024-02-14T23:14:23+00:00

New York Adult Survivors Act – Know Your Rights

New York Adult Survivors Act – Know Your Rights

Lesley Brovner & Mark Peters
July 21, 2023

What is the New York Adult Survivors Act?

New York’s Adult Survivors Act (ASA), is a landmark law that created a lookback period allowing the adult victims of sexual assault and abuse, whose claims were time barred, to pursue those claims in court.

Who Can be Held Accountable Under the Adult Survivors Act?

The perpetrators of sexual assault and abuse against people over 18 years old that would otherwise have been time barred can be held liable under the ASA. Importantly, in many instances, so can institutions that negligently allowed the abuse to occur under their watch. It is important to consider all of the potential defendants when drafting a suit under the ASA.

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New York Adult Survivors Act – Know Your Rights2024-02-14T23:15:29+00:00

THE CONSTITUTIONALITY OF THE ASA

THE CONSTITUTIONALITY OF THE ASA

Lesley Brovner & Mark Peters
July 7, 2023

On May 1, 2023, the attorneys for Bill Cosby filed a motion in New York State Supreme Court challenging the constitutionality of the Adult Survivors Act. Last week, on July 5, 2023, the survivors who filed the lawsuit against Cosby responded. We discuss both the motion and the response below, concluding that the survivors’ response is more powerful and likely correct – the ASA is constitutional.

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THE CONSTITUTIONALITY OF THE ASA2024-02-09T16:30:45+00:00

What To Do If You’re Investigated by a City or State Agency

What To Do If You’re Investigated by a City or State Agency

Lesley Brovner & Mark Peters
June 21, 2023

In a highly regulated environment, businesses and nonprofits are increasingly receiving inquiries from government agencies at the municipal, state and federal level. Sometimes these inquiries are quickly resolved with a letter or meeting. Other times, they evolve into full blown, white collar, investigations that can divert time, resources and attention away from other business matters. In either situation, it is imperative to have lawyers with experience in government and government regulation interacting with the agency in question. These lawyers can help navigate the process and provide insightful guidance to their clients.

Understanding the Investigative Process

The investigative process is a series of activities or steps that include gathering evidence, analyzing information, and developing and validating theories of potential misconduct. No two investigations are exactly the same, but some general common steps do exist. These include:

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What To Do If You’re Investigated by a City or State Agency2024-02-14T23:18:03+00:00