Articles and Blogs


Civil Investigative Demands: Broad, Unfair and Legal


Posted on May 10, 2019 in False Claims Act Defense

Published by: Hall Render

The U.S. government’s unilateral investigative powers under the False Claims Act were bolstered by a ruling from the U.S. District Court for the Eastern District of California last week. Ruling on a Petition for Summary Enforcement of a Civil Investigative Demand (“CID”), the court held: Settlement discussions with a person or entity involved in... READ MORE

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Confidential Workplace Investigations – a Dilemma for Employers


Posted on July 28, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

Employees in the private sector have a legally protected right to engage in concerted activity for their mutual aid and protection. The NLRB has interpreted this to mean that employees have the right to discuss among themselves ongoing confidential investigations initiated by the employer in response to workplace complaints. An employer that requires or... READ MORE

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Is This Your DNA? Jury Awards Millions to Employees Suspected of Dirty Deeds


Posted on June 25, 2015 in HR Insights for Health Care

Written by: Bruce M. Bagdady

On June 22, 2015, a jury awarded two employees of a grocery warehouse $2.2 million in what may be the first case to go to a jury under the Genetic Information Nondiscrimination Act (“GINA”). It serves as a heads-up for employers. A Cheek Swab to Match DNA of the Culprit In this case, the employer... READ MORE

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Confidential Investigations – What Can Your Policy Say?


Posted on April 29, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Confidentiality Requirements Challenged by the NLRB Last summer, the NLRB created another stir among private employers when it found that an employer’s form used during confidential investigations of workplace issues was unlawfully broad and interfered with employee rights.  We wrote about this development in our August 7, 2012 HR Insights article Confidential Investigations –... READ MORE

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Confidential Investigations – Challenged by the NLRB


Posted on August 7, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Does this sound like a good and reasonable thing to say to an employee who has brought a complaint to your attention? “Please keep our discussions confidential while our investigation is ongoing.” Well, it may not be so good or reasonable according to the NLRB.  Employers faced with suspected employee misconduct have an obligation – in... READ MORE

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