Internal Investigations
Labor and Employment | InvestigationsWe conduct independent workplace investigations into allegations of harassment, discrimination, misconduct, and policy violations, providing thorough, defensible investigations.
Overview
Thorough and Defensible Workplace Investigations
Workplace complaints require prompt, thorough investigation. MC Law's Internal Investigations practice conducts independent investigations that determine facts, assess credibility, and support appropriate employer response.
Investigation Services
We investigate allegations of harassment, discrimination, retaliation, policy violations, and workplace misconduct. We conduct interviews, review documents, assess credibility, and prepare investigation reports with findings and recommendations.
Independence and Objectivity External investigators bring independence that strengthens investigation credibility. We conduct objective investigations following established protocols, providing employers with reliable findings they can act upon with confidence. Investigation Protocols We help employers develop investigation policies and protocols. We train HR professionals and managers on conducting internal investigations. We advise on when external investigation is appropriate. Credibility Assessment Investigations often require credibility determinations. We apply established credibility factors, document analysis, and explain conclusions in defensible reports. Privilege Considerations Investigations involve privilege considerations. We advise on structuring investigations to preserve privilege when appropriate and understand when privilege may not apply. Remediation Recommendations Investigation reports inform employer response. We provide recommendations for remedial action proportionate to findings while preserving employer discretion.Our Services
labor_and_employment
Federal registration and validity opinions
harassment
Federal registration and validity opinions
discrimination
Federal registration and validity opinions
policies_and_procedures
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Investigations should be initiated upon receiving complaints of harassment, discrimination, retaliation, policy violations, safety concerns, fraud, or other misconduct. Prompt investigation is legally required in response to many types of complaints and demonstrates good faith.
Investigators should be trained, impartial, and have no conflict of interest. Options include HR professionals, in-house counsel, or outside investigators. Outside investigators provide greater independence and may be preferable for sensitive or high-level matters.
Key steps include defining the scope, reviewing relevant documents and policies, interviewing the complainant, the accused, and witnesses, analyzing evidence, reaching conclusions, documenting findings in a written report, and recommending corrective action.
Privilege may protect investigations conducted at the direction of counsel for the purpose of providing legal advice. However, privilege can be waived through disclosure, and the scope of protection varies by jurisdiction. Careful privilege protocols should be established at the outset.
Take appropriate corrective action based on findings, communicate outcomes to the complainant and the accused as appropriate, document the resolution, and consider whether systemic changes such as policy updates or training are needed to prevent recurrence.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
