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Corporate Internal Investigations: Overview of 13 Jurisdictions

Edited by: Stephan Spehl, Thomas Gruetzner

ISBN13: 9781849464840
Published: July 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £250.00



Despatched in 8 to 10 days.

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.

Subjects:
Company Law
Contents:
Preface
List of Abbreviations
List of Contributors
1. Austria (Krakow/Petsche)
2. Brazil (v. Ancken/Fiesch/Fonseca/Lima/Maeda)
3. China (Gon/Zheng)
4. England and Wales (Ludlam/Garfield)
5. France (Charlot/Dallais/Desoutter/De Guillebon/Lebeau-Marianna)
6. Germany (Spehi/Grutzner)
7. Indonesia (Sukirno/Hirdarisvita)
8. Italy (Di Garbo/Gaudino/Mancuso/ Vasile)
9. Mexico (Vizcarra/Jbarra/Godard)
10. Russia (Kobrin)
11. Spain (Diaz/Heckh/Masso)
12. Switzerland (Livschitz)
13. United States of America (Kent/Tomas)