Welcome to the first of our Ten-Minute Talks, a series of bite-sized videos in which we focus on a particular topical employment and partnership law issue, distilling the key information which you need to know. Today we discuss Non-Disclosure Agreements (NDAs), the recent Can’t Buy My Silence campaign, and the key things for employers and […]
Managing Data Protection and Disclosure Issues in Investigations – 11KBW and CM Murray LLP Investigations Virtual Conference
October 7th, 2021 by Stuart Smith
In this final session of the conference, the panel discussed managing data protection during investigations and enquiries, in particular: Establishing what data will be captured as part of the investigation, how it will be managed and who will be the information controller(s) Practical issues such as evidence collection and handling witnesses Whistleblowing and data protection rights Minimising the […]
Understanding Privilege in the Context of Investigations – 11KBW and CM Murray LLP Investigations Virtual Conference
September 30th, 2021 by Stuart Smith
In this session, Wonu Sanda, Senior Associate at CM Murray LLP and Patrick Halliday, Barrister at 11KBW, discussed some of the key and knotty legal and practical issues that arise in relation to understanding privilege in the context of investigations, including: what legal professional privilege is and how it might arise in the context of […]
Overlapping Regulatory and Criminal Proceedings in Investigations – 11KBW and CM Murray LLP Investigations Virtual Conference
September 30th, 2021 by Stuart Smith
This session gave real insight into the anatomy and practicalities of a criminal and regulatory investigation, with the panel sharing what they had learnt from their direct experiences on the ‘front line’. Our speakers also discussed what the participants of an investigation (the employer, complainant and the accused) should consider from an employment, regulatory and […]
Communicating with Participants during Investigations – 11KBW and CM Murray LLP Investigations Virtual Conference
September 30th, 2021 by Stuart Smith
Kathleen Heycock, Partner at Farrer & Co, and Robert Lewis, Managing Associate at Mishcon de Reya, provided tips, best practice and pitfalls to avoid in communicating with participants through the journey of an investigation. The panel discussed communications with complainants, subjects of investigations and witnesses, dealing with issues such as requests for anonymity, confidentiality, the […]
What Does a Good Investigation Look Like? – 11KBW and CM Murray LLP Investigations Virtual Conference
September 30th, 2021 by Stuart Smith
Emma Bartlett, CM Murray LLP, and Clive Sheldon QC, 11KBW, discussed the importance of establishing clear terms of reference at the start of an enquiry, tips and best practice throughout the investigations process as whole, as well as outlining the types of investigations, both private and independent, they have been involved in over the last […]
Being the Subject of an Investigation – 11KBW and CM Murray LLP Investigations Virtual Conference
September 21st, 2021 by Stuart Smith
This session focused on the issues that arise for people who are the subject of investigations, including legal, media and PR strategies, and the psychological impact of investigations as well as how to manage an investigation and provide support to its participants. Panellists: Elizabeth Prochaska, 11KBW (Chair) Merrill April, CM Murray LLP Gus Sellitto, Byfield […]
Making Effective Recommendations following an Investigation – 11KBW and CM Murray LLP Investigations Virtual Conference
September 21st, 2021 by Stuart Smith
This session explored how recommendations fit in throughout the investigations process as a whole from start to finish. This includes the practicalities and key issues investigators need to be thinking about, and how to put their findings into practice and effectively drive cultural change within an organisation. It featured broader insights from Marcus Shepheard (Institute […]
International Perspectives on Investigations – 11KBW and CM Murray LLP Investigations Virtual Conference
September 21st, 2021 by Stuart Smith
In this session, the panel explored some commonly-occurring issues arising in investigations from the perspective of the US, France, Sweden and the UK; from the very different approaches taken as regards legal privilege and document production, to innovations in whistleblowing laws, the role of works councils and collective bargaining. On the macro level, we will […]
Keynote Session: The Rationale and Architecture of Investigations – 11KBW and CM Murray LLP Investigations Virtual Conference
September 21st, 2021 by Stuart Smith
The Investigations Virtual Conference opened with a talk by Dame Laura Cox, a highly experienced investigator who was responsible for the investigation into sexual harassment in the House of Commons. She explored the purpose of investigations and her experience as an investigator. This was followed by a panel discussion between Dame Laura, David Smellie and […]