Each of the partners at EMC2 has an extensive investigations practice. The partners have been engaged on behalf of companies, both directly by the company and occasionally by outside counsel. The companies on behalf of whom EMC2’s partners have conducted investigations include Fortune 500 companies, established and start-up companies, high-tech and manufacturing companies, public utility companies, governmental agencies, motion picture and entertainment companies, service providers, government contractors, and non-profit and educational organizations. We are proud to have been recommended and/or engaged by many national and multi-national law firms to conduct investigations on behalf of their clients.
The investigations conducted by EMC2 cover a wide range of employment related issues, including allegations of workplace misconduct, employee relations disputes, discrimination (primarily disparate treatment) and harassment (sexual and other forms of hostile work environment claims), retaliation and whistleblower violations, and Sarbanes-Oxley violations. Some of EMC2’s investigations have included the following:
- A four-month investigation in numerous allegations of whistleblower and Sarbanes-Oxley retaliation by a director-level employee at a Bay Area Fortune 500 company. The investigation involved interviews with approximately 30 witnesses.
- Seven separate investigations over a several-year period on behalf of a Silicon Valley hardware and software company with over 2,000 employees, involving allegations of sexual harassment and discrimination, national origin harassment and discrimination, and religious discrimination.
- An investigation into allegations of age and sexual discrimination against a California healthcare technology company with over 30,000 employees.
- An investigation into allegations of sexual harassment, discrimination and retaliation at a Silicon Valley network infrastructure company with over 30,000 employees.
- An investigation into allegations of national origin harassment and discrimination against a Silicon Valley software and hardware company with several thousand employees.
- An initial investigation into allegations of race and gender discrimination and harassment and a follow-up investigation into allegations of retaliation on behalf of a California-based financial services company with over 12,000 employees.
- A three-month investigation for publically traded utility company concerning allegations that internal auditor engaged in misconduct in performance of Sarbanes-Oxley obligations. The investigation involved 27 witnesses and resulted in a follow-up investigation concerning racial discrimination and retaliation allegations by individuals involved in initial investigation.
- An investigation into allegations of sexual orientation discrimination against major motion picture company with thousands of employees.
- An investigation into allegations of sexual harassment and favorable financial aid awards in violation of FAFSA to student at large private university.
- An investigation into allegations of theft, misappropriation, identity theft and misuse of proprietary information by employee of national banking institution.
- An investigation into allegations of discrimination made by multiple claimants at a government contractor.
- An investigation into allegations of teacher misconduct and harassment of minors at private educational institution.
- An investigation into allegations of race discrimination, involving potential company-wide class claims by a manager facing termination by a company ranked in the top 20 (revenue) by Fortune Magazine.
- An investigation into allegations against CEO of a publicly-traded biotechnology company concerning misconduct (such as mismanagement, favoritism and an alleged affair with a subordinate) which were asserted after an institutional investor raised a complaint at a shareholder’s meeting.
- An investigation into allegations of sexual harassment by members and management of an elite gentleman’s club.
- As a precursor to termination of employment, investigation of internal misconduct (ethics violations) at a large, international executive search firm.
- An investigation into allegations of national origin discrimination allegedly perpetrated by the CFO and HR Director of a domestic supplier division of an international auto manufacturer.
- An investigation into allegations of race and national origin discrimination for a privately-held government contractor that manufactures secure microprocessors for intelligence agencies.
- An investigation into sexual harassment allegations after litigation was filed against a fully-owned subsidiary of a Fortune 500 media group. This investigation also involved review of the internal investigation initially conducted.
- An investigation into allegations made by four current employees of a multinational manufacturing company who alleged that they were subject to harassment and retaliation by two top managers at the company.
- An investigation into allegations of unfair business practices and sexual harassment allegations by a current employee at a large company.
- Investigated retaliation claims at a unionized company.