The economic and workplace upheaval associated with the COVID-19 pandemic has placed unique and intense pressures on businesses and market sectors. Work-from-home protocols, travel restrictions and shifting demands within workplaces are all putting strain on investigative priorities.
Due to these circumstances, business disruptions such as languishing financials and share price, pressured employees, and stressed business partners can lead to corporate misconduct. In turn, misconduct gives rise to corporate liability taking many forms, including breach of public company disclosure obligations, violation of health and safety or employment laws as well as bribery and other corrupt business practices.
Proactive, focused and remedial internal review and investigation at the first sign of questionable behavior should continue to be prioritized as a powerful tool to mitigate and neutralize the pernicious effects of misconduct. Companies should remain prepared to take steps to manage the risks posed by the pandemic and business disruptions. These steps include: a) tools to enhance identification of liability-inducing conduct; b) reviewing, assessing, and if warranted, investigating properly; and c) remediating and mitigating.
Read the full article on reducing exposure associated with pandemic-related corporate misconduct in LexisNexis’ Corporate Brief.
To discuss these issues, please contact the author(s).
This publication is a general discussion of certain legal and related developments and should not be relied upon as legal advice. If you require legal advice, we would be pleased to discuss the issues in this publication with you, in the context of your particular circumstances.
For permission to republish this or any other publication, contact Janelle Weed.
© 2020 by Torys LLP.
All rights reserved.