Corporate Internal Investigations : A Systematic Overview of 13 jurisdictions

"Corporate Internal Investigations have become more and more important for businesses as a means to minimise business liability risks. These liability risks often result from a managerial failure to observe a particular regulatory code. For international businesses, the obligation upon management to supervise compliance does not stop at national borders and the introduction of whistle-blowing systems within businesses is only a small step in terms of minimising the risks. The greater challenge for businesses is to examine and analyse the findings of internal investigations, and this often calls for an internal investigation to be conducted internationally. Recent cases of law enforcement by national or international authorities against companies and individuals have highlighted the legal pitfalls and boundaries of Corporate Internal Investigations. The authors of this work offer an overview of the recurring legal questions regarding internal investigations in 13 different jurisdictions (Austria, Brazil, China, France, Germany, Great Britain, Indonesia, Italy, Mexico, Russia, Spain, Switzerland and USA). The book is especially concerned with the requirements for the initiation of internal investigations and the legal boundaries of different investigative measures. In addition, questions concerning data protection, employment laws, the conduct of interviews with employees and penalties for inappropriate employee conduct are described."--Bloomsbury Publishing Le site d'éditeur Beck indique : "Corporate Internal Investigations have become more and more important for businesses in order to minimize the businesses' liability risks. These liability risks often result from a violation of the obligatory supervision of the responsible persons in the company. Obligatory supervision does not stop at national borders for internationally operating businesses, and the introduction of whistle-blowing systems within the businesses is only a small step in minimizing the businesses' liability risks. The greatest challenge for the businesses is, however, the examination and analysis of the many incoming hints during the internal investigation. All of these facts often require an internal investigation carried-out internationally. Due to various recent cases of law enforcement by national or international authorities against companies and individuals, the legal pitfalls and boundaries of Corporate Internal Investigations were often picked as the central theme of publications in the recent past. The authors of this contribution do not halt at the border of only one specific country. They give an outline of recurring questions regarding internal investigations in thirteen different jurisdictions (Austria, Brazil, China, France, Germany, Great Britain, Indonesia, Italy, Mexico, Russia, Spain, Switzerland and USA). The book is especially concerned with the requirements for the initiation of internal investigations and the legal boundaries of different investigative measures." Corporate Internal Investigations have become increasingly important for businesses as a means to minimise business liability risks. This work reviews the recurring legal questions regarding internal investigations in 13 different jurisdictions.