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    Global Problem Solving from Covington: Deal with Complex Problems Anywhere in the World

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Whistleblower

Global companies rely on Covington’s sophisticated litigation, regulatory expertise and practical insights to help them draft whistleblowing policies, align their whistleblowing systems with relevant legal standards, and manage sensitive investigations arising from whistleblowing reports.

With our combination of world-class white collar, employment, global compliance, data protection, and litigation practices, Covington is well-positioned to advise clients on managing all types of whistleblowing advice and litigation, including the following areas:

  • Establishing or enhancing whistleblowing systems to comply with legal requirements and meet regulatory expectations.
  • Engaging with staff to enhance awareness of whistleblowing channels (e.g., through guidance, policies and training).
  • Advising on best practices for addressing and responding to whistleblowing reports and managing associated risks.
  • Conducting privileged internal investigations following whistleblowing reports and advising on related legal and strategic considerations.
  • Defending companies in legal disputes related to whistleblowing, such as claims from existing or former employees, involving allegations of disability discrimination, age discrimination, retaliation, and related claims.
  • Covington’s international reach ensures we can provide on-the-ground support across the markets where our clients operate. Whether motivated by internal complaints, shareholder proposals, regulatory scrutiny or media attention, our teams help resolve complaints and sensitive issues.

United States

Our United States team can help navigate whistleblower investigations by finding the root cause, monitoring potential retaliations, and offering practical guidance. Covington is well-versed in reviewing and updating current policies to incorporate whistleblowing processes and requirements, conducting a first-line review of incoming whistleblowing complaints, advising on how such complaints should be handled, and conducting and advising on sensitive investigations arising from complaints involving significant potential legal or reputational risk.

Europe and the United Kingdom

Our teams have considerable experience advising clients in scenarios where protected disclosures are made by existing or former employees in relation to business sensitive matters or matters which could result in exposure for the business. As a result, we have a deep understanding of both the applicable legal standards (such as the EU Whistleblower Directive) and the policy considerations underpinning these. In such scenarios, we assess risk based on regulatory expectations, frameworks, and past experience, identify areas of potential exposure and work towards a favorable outcome for our clients.

Middle East and Africa

Our regional teams have direct experience of navigating whistleblowing issues in jurisdictions where local laws and protections vary in their implementation and enforcement. Often, the issues will trigger the application of different laws and contractual obligations. We are well-placed to advise on the regulatory and cultural hurdles that companies may face in local markets and the challenges of addressing these issues in ways that align with global standards.

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    • Global Investigations Review Top 100, White-collar practice (global) (2023)