The Anatomy of a Defensible Investigation: A Twelve-Part Roadmap for Employers
Workplace investigations are judged in hindsight by juries, judges, and agencies who were not in the room when the investigation or incidents occurred. Rather, they examine promptness, independence, thoroughness, documentation, and a response proportionate to the findings. This twelve-part series, which will publish weekly, walks through the full life of a workplace investigation, from the moment a complaint lands to the day the file becomes an exhibit.
09/01/2026 | The Anatomy of a Defensible Investigation: A Twelve-Week Roadmap for Employers
This alert opens a twelve-part series walking through the full life of an investigation, from the moment a complaint lands to the day the file becomes an exhibit. Read more.
09/08/2026 |Who Should Investigate? HR, In-House Counsel, Outside Counsel, Another Third-Party, and What Each Choice Costs You
The choice of investigator is the first decision a plaintiff will question, and it involves a genuine tradeoff: the options that maximize independence tend to cost more, and the options that feel efficient may compromise either credibility or privilege. Read more.
09/15/2026 | Privileged Until It Isn’t: Protecting the Investigation File and the Waiver Trap in Your Best Defense
Attorney-client privilege protects communications made for the purpose of obtaining legal advice—not facts, not HR business activity, and not an investigation merely because a lawyer touched it. Read more.
09/22/2026 | Before the First Interview: Scope, the Evidence That Deletes Itself While You Deliberate, and Interim Measures While the Investigation is Pending
An early writing defining the scope is one of the easiest and most effective first steps when conducting an investigation. Read more.