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Organizations face growing scrutiny of their workplace cultures, from how they handle allegations of misconduct – including harassment, discrimination, bullying, and retaliation – to how they instill and embed company values. Workplace misconduct allegations present litigation, reputational, and compliance risks, and a failure to properly address such claims can undermine leadership, erode a company's culture, contribute to employee attrition, and tarnish a company's reputation with customers, regulators, and the market. Miller & Chevalier's Workplace Culture and Conduct team helps our clients navigate these high-stakes legal and compliance challenges and proactively mitigate the risk of their occurrence.
We advise clients on compliance program design, conduct investigations, provide counsel on remediation, and interface with third-party stakeholders. Organizations of all sizes and across a range of industries rely on us to help them minimize risk before it materializes and respond to issues as they arise.
Investigations
Proper investigation of workplace misconduct complaints requires critical analysis of legal and compliance obligations, often in the context of complex interpersonal dynamics and personal experiences. Our team represents clients in all aspects of internal investigations, from initial scoping, through investigation, and remediation. We focus on identifying relevant issues and key facts to inform proportional, justifiable, and measurable remedial recommendations that address misconduct and its root causes. We have significant experience in guiding companies through inquiries and investigations by various enforcement authorities both in the U.S. and abroad. Our team combines our investigations expertise with an understanding of how to manage the litigation and enforcement risks that often accompany workplace misconduct allegations.
Compliance Program Development and Cultural Enhancement
For years, we have been helping companies evaluate and enhance their workplace conduct compliance programs. We assess policies and procedures, including processes for responding to and addressing workplace concerns, and engage directly with employees through focus groups, interviews, surveys, and other avenues about their workplace experiences. Through these efforts, we develop recommendations tailored to each business’s specific risk and cultural profile. Our team has helped well over 100 companies design and implement risk-based compliance programs. We have been appointed by multiple regulators to serve as Independent Compliance Monitors tasked with reviewing and testing compliance programs, including specifically in relation to workplace culture and conduct.
Representative Engagements
- Served as Independent Compliance Monitor focusing on human resources issues, including harassment and discrimination, on behalf of a regulatory agency. In the context of the monitorship, evaluated relevant aspects of the company’s human resources-related compliance program, including culture of compliance and conduct at the top, corporate governance, policies and procedures, incentives and discipline, risk-based review, investigations, approach to third parties, training, monitoring and testing, and controls environment.
- Engaged by a Special Committee of the Board of Directors of a global non-profit professional membership organization to conduct a privileged and confidential external review into specific concerns raised by various stakeholders focused on the conduct of the organization’s leadership.
- For a public technology company, conducted an internal investigation into allegations of an inappropriate relationship between the CEO and another employee.
- Represented the governing body of an international non-governmental organization in an independent investigation into workplace misconduct allegations against the most senior leader of the organization.
- For a large public university, conducted an investigation into allegations against the Chair of the university’s Board of Trustees related to violations of the code of conduct and Board bylaws, including conflicts of interest, undue influence, bullying, and retaliation.
- Represented the Special Committee of a Board Directors of an industry association in connection to an internal investigation of allegations of misconduct by the CEO, including retaliation, conflicts of interest, and financial mismanagement.
- For a multinational technology company, investigated allegations that a high-ranking company leader engaged in gender-based discrimination, abusive behavior, and retaliation over an extended time. Evaluating the allegations involved extensive interviews and review of various company records including personnel files, employee surveys and feedback, and contemporaneous communications. We both led the investigation and advised the company regarding collateral litigation issues.
- Advised a multinational company on the exit of a senior leader found to have violated the company’s code of conduct and misled investigators. Interacted with external stakeholders, including regulators, in connection with the same.
- For a multinational technology company, we investigated allegations that multiple leaders in a key function engaged in race-based discrimination, harassment, and retaliation.
- For a multinational company, assisted with an investigation into sexual misconduct and code of conduct violations by the CEO and responding to regulator inquiries, which were closed with no action as to our client. Worked with foreign law firm to assess risks of and strategy for potential non-US regulatory action against our client.
- For a multinational company, investigated multiple allegations of a toxic workplace culture, including bullying, harassment, and retaliation. The investigation culminated in individual reporting sessions with the company's executives as a remedial measure.
- Represented the Special Committee of the Board of Directors of a non-profit organization in connection with remediation and collateral consequences related to an internal investigation into allegations of bullying, discrimination, and retaliation among members of senior management.
- Conducted an investigation into allegations of harassment, bullying, discrimination, and retaliation by the President and COO of an organization, in addition to allegations of government contracts fraud, reporting directly to the Board of Directors. The investigation led to changes in management in addition to significant process improvements at the organization.
- For a global extractives company, investigated multiple allegations arising out of one of its Latin American operations related to gender discrimination, hostile work environment, and retaliation.
- Represented an executive of a global humanitarian organization in connection with an investigation related to alleged racial discrimination, harassment, and retaliation.
- For the board of a medical device company, investigated allegations against members of senior management, including bullying, threats, drug use/inebriation during work hours, and sexual harassment. Investigation culminated in terminations, enhancements to human resources and compliance policies, and other remedial actions.
- For a multinational company, investigated allegations of discrimination, harassment, retaliation, and other Code of Conduct concerns.
- For a national youth non-profit organization, investigated allegations of sexual harassment and discrimination by a senior executive.
- For a global extractives company, investigated allegations of improper behavior by senior regional leadership that included bullying and led to a disintegration of the company’s speak up culture.
- For a multinational food services company, investigated allegations of bullying and retaliation by an executive in connection with reports of accounting manipulation and an environment that discouraged speaking up.
Government Experience
- Assistant United States Attorney, District of Columbia
- Public Defender Service for the District of Columbia
- Trial Chief
- Training Director
- Supervising Attorney
- Staff Attorney
In-House Experience
- Alejandra Montenegro Almonte: Division General Counsel, gategroup
- Daniel A. Solomon:
- General Counsel, SAIC General Motors Corporation Limited, Shanghai, China
- Lead Counsel, Global Compliance, General Motors Company
- Executive Director, Special Investigations & Anti-Corruption, General Motors Company
Rankings and Recognition
Chambers USA
- Corporate Crime & Investigations: The Elite (USA-Nationwide), 2021 - 2024
- Corporate Crime & Investigations (USA-Nationwide), 2015 - 2020
- Litigation: White-Collar Crime & Government Investigations (District of Columbia), 2011 - 2024
Chambers Global
- Corporate Crime & Investigations (Latin America-International Counsel), 2015 - 2024
- Corporate Crime & Investigations (USA), 2016 - 2024
- Corporate Investigations/Anti-Corruption (Global: Multi-Jurisdictional), 2017 - 2024
- Investigations & Enforcement (International & Cross-Border) (USA), 2020 - 2024
Chambers Latin America
- Corporate Crime & Investigations (International Counsel), 2015 - 2025
Chambers Brazil
- Corporate Crime & Investigations (International Counsel), 2022
Global Investigations Review
- GIR 30 Top Global Investigations Practice, 2015 - 2024
- Boutique or Regional Practice of the Year, 2016
Legal 500
- Dispute Resolution: White-Collar Criminal Defense – Advice to Corporates (U.S.), 2011 - 2024
- Dispute Resolution: White-Collar Criminal Defense – Advice to Individuals (U.S.), 2011 - 2024
Legal 500 Latin America
- International Firms: Compliance and Investigations, 2021 - 2025
U.S. News - Best Lawyers® "Best Law Firms"
- Criminal Defense: White-Collar (District of Columbia), 2011 - 2025
- Criminal Defense: White-Collar (National), 2019 - 2025
News and Events
Events
Speaking Engagement
GHBER End of Year Dinner and Panel Discussion
Speaking Engagement
HBA-DC: An Evening with Member and International Chair Alejandra Montenegro Almonte
Speaking Engagement
Workplace Misconduct Compliance and Investigations: What Board Members and Senior Leaders Need to Know
Speaking Engagement
International Bar Association 2024 Annual Conference
Publications
Internal Publication
Culture@Work: Fall 2024
External Publication
Private Equity ESG – Spotlight on Governance: How Do I Become a Successful Portfolio Company Board Member?
External Publication
Harassment in the Restaurant Industry Part II: Employee Discipline
External Publication
Workplace Misconduct: Keeping It Off the Menu
External Publication
Rethinking Workplace Misconduct in a Changing Compliance Landscape
Practice Co-Lead
Practice Co-Lead
Practice Co-Lead