USA – DISTRICT OF COLUMBIA Law and Practice Contributed by: Connie N. Bertram, Bertram LLP
8.5 Multi-Jurisdictional HR Internal Investigations
When employers are investigating complaints that involves multiple countries’ laws, they must navi - gate varying and conflicting laws and cultural norms. Employers should adopt a co-ordinated approach with local counsel to ensure that they comply with legal standards and properly handle cross-border data transfers. The employer should first determine the jurisdictions implicated by the investigation, includ - ing where the employees work, where the company is located and the incidents that occurred. The employer should then assess, in consultation with local coun - sel, the laws that apply in each jurisdiction. Among other issues, employers should determine before they undertake the investigation the scope of protections, such as the attorney-client privilege, which are avail - able for the investigation in each jurisdiction.
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