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November 8, 2019

Internal Investigations

Speaker, University of Regensburg's LL.M. Compliance Program, Regensburg, Germany

This workshop, provided as part of a new LLM program in compliance, addressed the fundamental problems of gaining knowledge from interviewing employees during a company internal investigation. To what extent do employees have the right to refuse to make a statement in these interviews—which are frequently performed by external service providers on behalf of management—in order not to incriminate themselves? What is the possibility of confiscating corresponding survey protocols, which have recently been the subject of court decisions and are the subject of controversial discussion? After addressing these core questions, the workshop presented a guided roleplay opportunity in which participants were able to experience the special features of a personnel survey for themselves on the basis of a fictitious case. They learned various questioning and interviewing techniques, as well as possible ways to assess the veracity of the statements made.