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    Home /  Practices /  Litigation /  Corporate Culture, Workplace Investigations & Whistleblower Litigation

    Corporate Culture, Workplace Investigations & Whistleblower Litigation

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    Under the umbrella of ESG, as companies around the world face increased scrutiny from stakeholders and the public, more is at stake than ever before. Sullivan & Cromwell’s top-ranked lawyers work with companies, boards and individual directors to identify potential cultural, litigation and reputational risks before they materialize.

    S&C has broad experience in conducting clients’ most sensitive and complex corporate culture and workplace internal investigations, including those stemming from allegations of discrimination and racial bias, sexual harassment, and other forms of widespread misconduct. We understand the external and internal business implications of this type of investigation, including its potential to disrupt employee productivity and morale, as well as its import to the company’s reputation with corporate partners and customers. We take a multidisciplinary approach to all matters, tapping into the expertise of our lawyers in the Firm’s Labor & Employment, Criminal Defense & Investigations, Corporate Governance, Corporate Governance Litigation, and Crisis Management practices.

    The Firm also regularly investigates, reports on and resolves whistleblower claims and retaliation allegations brought against senior executives and corporations in a variety of industries. The Firm also routinely works with clients to create policies and procedures to address potential legal risks, including with respect to social responsibility, Human Capital Management, and diversity and inclusion.

    Legal Developments Affecting the WorkplaceS&C’s Corporate Culture, Workplace Investigations & Whistleblower Litigation Group includes eight former federal and state prosecutors; former bank regulatory counsel; and leading practitioners in banking, employment and securities and commodities regulation and enforcement.

    The Firm regularly advises clients on concerns regarding:

    • federal and state False Claims Act claims;
    • potential violations of federal and state law;
    • information technology and compliance concerns; and
    • employee complaints of co-worker misconduct, including harassment, financial misconduct or other violations of corporate policy, as well as complaints of a toxic workplace.

    In addition, the Group advises clients on human resources best practices, including the implementation of policies relating to whistleblowers, employee relations, termination, harassment and conflict resolution. 

    Read more about our Labor & Employment practice.

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    Spotlight

    The National Law Journal Names Tracy Richelle High a ‘Trailblazer’ in Employment & Discrimination Law

    Read More

    Supreme Court’s Recent Polansky Decision on the False Claims Act

    Listen to PodcastPlay Video

    Recent Developments with SEC’s Whistleblowing Program

    Listen to podcastPlay Video

    Annie Ostrager and Diane McGimsey Author Law360 Article on Supreme Court’s Decision to Review Murray v. UBS Securities

    Read More

    S&C Critical Insights – Update on Recent Whistleblower Enforcement in the U.S.

    Listen to podcast
    • Experience
    • Rankings and Recognitions
    • News
    • Publications, Videos and Podcasts
    • Practice Contacts
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    Experience

    Experience

    Recent Corporate Culture, Workplace Investigations and Whistleblower Litigation Experience

    • Fiat Chrysler Automobiles, in whistleblower litigation originally filed in Michigan State Court in May 2019 asserting claims under Michigan’s Whistleblowers’ Protection Act, and for violation of Michigan public policy and unjust enrichment related to FCA’s decision to defer Plaintiff’s long term incentive shares and an annual bonus for 2018 pending an ongoing internal investigation and investigation by the SEC regarding FCA’s former monthly sales reporting practices. The parties reached a settlement in January 2020.
    • A large financial institution, in a whistleblower retaliation case and related employment action. S&C has successfully litigated all phases of the case, including a three-day bench trial before a Department of Labor administrative law judge.
    • Barclays Bank PLC, in successfully resolving employment-related whistleblower, breach of contract and indemnification claims brought by three former derivatives traders seeking payment of legal fees in connection with their UK criminal trial regarding alleged USD LIBOR-related conduct.

    • Goldman Sachs, in an action brought by a former managing director claiming whistleblower retaliation, defamation and related common law claims in connection with the termination of his employment. Goldman Sachs’ motion to compel arbitration of the claims was granted in July 2019.
    • Wells Fargo and employees named as individual defendants, in several wrongful termination litigations filed by former employees in New Jersey state and federal courts asserting claims of slander and violations of the New Jersey Law Against Discrimination and the State’s whistleblower statute, the New Jersey Conscientious Employee Protection Act. In one case, S&C identified an applicable arbitration agreement and is seeking plaintiff’s consent to move the matter to arbitration.
    • A global financial institution, in connection with U.S. investigations of allegations that senior management failed to properly follow the bank’s policies and procedures concerning whistleblowers.
    • A FinTech company, in conducting an internal investigation of the company’s culture and responding to high-profile allegations of a toxic environment due to sexual harassment and misconduct.
    • A national sports league, in connection with allegations in the press regarding the culture at one of the teams in the league, including allegations that the team owner and a high-level executive reportedly made racist and sexist comments. S&C conducted an internal investigation into the merits of these allegations.
    • A consumer and retail company, in an investigation concerning allegations of racial bias and microaggressions in the workplace.
    • A former senior executive, in a wrongful termination suit brought by a former subordinate who alleges she was sexually harassed and terminated in retaliation for filing a sexual harassment complaint with the company against S&C’s client.
    • A company, in connection with an anonymous letter raising allegations of racial bias in connection with the company’s hiring and promotion practices and concerns about the company’s perceived lack of responsiveness to employee complaints. The letter threatened to bring these issues to the press if they were not addressed. S&C conducted an internal investigation into the merits of these complaints and an assessment of the company’s culture. S&C presented the findings of this investigation to a special committee of the board and will review initiatives the company will implement to create a more effective and diverse workplace.
    • A global financial institution, in successfully resolving investigations by the DOJ and SEC concerning allegations raised by a former senior employee on the company’s whistleblower hotline and in the media.
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    Rankings and Recognitions

    Rankings and Recognitions

    • The National Law Journal Names Tracy Richelle High a ‘Trailblazer’ in Employment & Discrimination Law

      September 8, 2023
    • Chambers USA Ranks S&C Highly for 2023

      June 2, 2023
    • Law360 MVP Awards: Seven Sullivan & Cromwell Partners Named 2020 MVPs

      October 5, 2020
    • Julie Jordan Named an “Employment Law Trailblazer” by The National Law Journal

      March 6, 2020
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    News

    News

    • Annie Ostrager Speaks at NYC Bar Event on Ethics in Internal Investigations

      November 22, 2021
    • Sam Seymour Speaks at PLI Webinar on Internal Investigations for CFEs

      April 16, 2021
    • Julie Jordan Speaks at Webinar on Corporate Investigation Protocols

      November 23, 2020
    • Nic Bourtin Speaks on Trends in White-Collar Enforcement and Litigation

      September 15, 2020
    • S&C Wins Arbitration Ruling in Closely Watched Employment Class Action

      April 14, 2020
    • S&C Hosts 13th Annual Employment Law Update

      June 20, 2018
    Read More
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    Publications, Videos and Podcasts

    Publications, Videos and Podcasts

    • Supreme Court’s Recent Polansky Decision on the False Claims Act

      Podcasts |  July 19, 2023
    • Recent Developments with SEC’s Whistleblowing Program

      Podcasts |  July 14, 2023
    • Annie Ostrager and Diane McGimsey Author Law360 Article on Supreme Court’s Decision to Review Murray v. UBS Securities

      Articles |  July 11, 2023
    • U.S. Department of Justice Announces Changes to Policies for Prosecuting Corporate Crime

      S&C Memos |  March 7, 2023
    • Update on Recent Whistleblower Enforcement in the U.S.

      Podcasts |  January 20, 2023
    • Supreme Court and Fifth Circuit Cases Could Impact SEC’s Use of Administrative Forum

      S&C Memos |  May 20, 2022
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    Practice Contacts

    Practice Contacts

    Tracy Richelle High Headshot Photo
    Tracy Richelle High
    New York
    +1-212-558-4000
    Email
    vCard
    Julia M. Jordan Headshot Photo
    Julia M. Jordan
    Washington, D.C.
    +1-202-956-7500
    Email
    vCard
    Karen Patton Seymour Headshot Photo
    Karen Patton Seymour
    New York
    +1-212-558-4144
    Email
    vCard
    Read More
    Related Practices

    Related Practices

    • Antitrust
    • Bankruptcy Litigation
    • Congressional Investigations
    • Corporate Governance Litigation
    • Criminal Defense & Investigations
    • Environmental Litigation
    • European Competition
    • FCPA & Anti-Corruption
    • Financial Services Investigations & Litigation
    • Intellectual Property & Technology Litigation
    • International Arbitration and Global Dispute Resolution
    • Labor & Employment
    • Litigation
    • Products Liability & Mass Torts
    • Securities & Commodities Investigations Practice
    • Securities Litigation
    • Supreme Court and Appellate
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