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Miller & Chevalier's Workplace Culture and Conduct practice helps clients navigate the high-stakes legal and compliance challenges presented by workplace misconduct allegations, whether involving harassment, discrimination, bullying, or retaliation. We are recognized leaders in the core disciplines involved in successful resolution of the threat caused by such allegations: investigations, remediation, and compliance program and corporate governance enhancement, and – where necessary – interacting with regulators. Workplace misconduct allegations present litigation, reputational, and compliance risks, and a failure to properly address allegations can undermine leadership, erode a company's culture, prompt employee attrition, and tarnish a company's reputation with customers, regulators, and the market. Organizations of all sizes and across a range of industries rely on us to help them minimize risk before it materializes, respond to issues when they arise, and identify root causes. The insights developed in this process can inform innovative compliance program and governance development and enhancement.
Proper investigation of workplace misconduct complaints requires an analysis of subjective and objective information, often in the context of complex interpersonal dynamics and personal experiences. Our team represents clients in all aspects of these investigations and combines our experience with an understanding of how to manage the litigation risk that often accompanies workplace misconduct allegations.
Once an investigation process identifies relevant issues and key facts, we aid organizations and boards by proposing proportional, justifiable, and measurable remedial recommendations focused on addressing misconduct and its root causes and preventing recurrence.
Finally, we help companies enhance their workplace conduct compliance program to reflect the company's specific risk and cultural profile, including lessons learned from investigation of any reported misconduct. Our team has helped over 100 companies design and implement risk-based compliance programs across a variety of substantive areas and has been appointed by various regulators to serve as Independent Compliance Monitors tasked with reviewing and testing compliance programs, including in matters of workplace conduct.
Representative Engagements
- For a multinational technology company, we investigated multiple allegations that a high-ranking company leader engaged in gender-based discrimination, abusive behavior, and retaliation over an extended time period. Resolving the allegations involved extensive interviews and review of various company records including personnel files, employee surveys and feedback, and contemporaneous communications. We both led the investigation and advised the company regarding the resolution of collateral litigations issues.
- Conducted an internal investigation into multiple allegations of a toxic workplace culture, including bullying, harassment, and retaliation, on behalf of a multi-national company. Investigation culminated in individual reporting sessions with the company's executives as a remedial measure.
- For a global extractives company, conducted an internal investigation into multiple allegations arising out of one of its Latin American operations related to gender discrimination, hostile work environment, and retaliation.
- Represented an executive of a global humanitarian non-profit organization in connection with an investigation related to alleged racial discrimination, harassment, and retaliation.
- On behalf of the board of a medical device company, conducted an investigation into allegations against members of senior management, including bullying, threats, drug use/inebriation during work hours, and sexual harassment. Investigation culminated in terminations, enhancements to human resources and compliance policies, and other remedial actions.
- Conducted an investigation into allegations of harassment and discrimination by a senior leader of a regional performing arts non-profit organization.
- Conducted an investigation into allegations of discrimination, harassment, retaliation, and other Code of Conduct concerns against employees of a multi-national company.
- Conducted an investigation into allegations of sexual harassment and discrimination by a senior executive of a national youth non-profit organization.
- On behalf of a global extractives company, investigated allegations of improper behavior by senior regional leadership that included bullying and led to a disintegration of the company's speak up culture.
- Serving as Independent Compliance Monitor focusing on human resources issues, including harassment and discrimination, on behalf of a regulatory agency in Massachusetts.
- Conducted an investigation into allegations of sexual harassment by a senior leader of an energy company.
- For a multinational food services company, we investigated allegations of bullying and retaliation by an executive in connection with reports of accounting manipulation and an environment that discouraged speaking up.
- For Specialized Agency of the United Nations, conducted an investigation into allegations of misconduct by a staff member based in the agency’s country office of a Latin American country.
Government Experience
- Assistant United States Attorney, District of Columbia
- Public Defender Service for the District of Columbia
- Trial Chief
- Training Director
- Supervising Attorney
- Staff Attorney
In-House Experience
- Alejandra Montenegro Almonte: Division General Counsel, gategroup
- Daniel A. Solomon:
- General Counsel, SAIC General Motors Corporation Limited, Shanghai, China
- Lead Counsel, Global Compliance, General Motors Company
- Executive Director, Special Investigations & Anti-Corruption, General Motors Company
Rankings and Recognition
Chambers USA
- Corporate Crime & Investigations: The Elite (USA-Nationwide), 2021 - 2023
- Corporate Crime & Investigations (USA-Nationwide), 2015 - 2020
- Litigation: White-Collar Crime & Government Investigations (District of Columbia), 2011 - 2023
Chambers Global
- Corporate Crime & Investigations (Latin America-International Counsel), 2015 - 2024
- Corporate Crime & Investigations (USA), 2016 - 2024
- Corporate Investigations/Anti-Corruption (Global: Multi-Jurisdictional), 2017 - 2024
- Investigations & Enforcement (International & Cross-Border) (USA), 2020 - 2024
Chambers Latin America
- Corporate Crime & Investigations (International Counsel), 2015 - 2024
Chambers Brazil
- Corporate Crime & Investigations (International Counsel), 2022
Global Investigations Review
- GIR 30 Top Global Investigations Practice, 2015 - 2023
- Boutique or Regional Practice of the Year, 2016
Legal 500
- Dispute Resolution: White-Collar Criminal Defense – Advice to Corporates (U.S.), 2011 - 2023
- Dispute Resolution: White-Collar Criminal Defense – Advice to Individuals (U.S.), 2011 - 2023
Legal 500 Latin America
- International Firms: Compliance and Investigations, 2021 - 2024
U.S. News - Best Lawyers® "Best Law Firms"
- Criminal Defense: White-Collar (District of Columbia), 2011 - 2024
- Criminal Defense: White-Collar (National), 2019 - 2024
News and Events
News
Events
Speaking Engagement
NYSBA International Section 2023 Mexico Global Conference
Speaking Engagement
SCCE Compliance & Ethics Institute
Speaking Engagement
PLI Briefing: A Changing HR Compliance Landscape: Why Companies Need to Rethink Their Approach to Sexual Harassment and Discrimination Risks
Speaking Engagement
SCCE: Higher Education Compliance Conference
Publications
External Publication
Private Equity ESG – Spotlight on Governance: How Do I Become a Successful Portfolio Company Board Member?
External Publication
Harassment in the Restaurant Industry Part II: Employee Discipline
External Publication
Workplace Misconduct: Keeping It Off the Menu
External Publication
Rethinking Workplace Misconduct in a Changing Compliance Landscape
Practice Co-Lead
Practice Co-Lead