LAW 534 Chapter Notes - Chapter 7: The Home Depot, Whistleblower, Precautionary Principle
27 Nov 2017
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A company may decide it is not worth doing an internal investigation if the results are automatically turned over to the authorities. The challenge for the prosecution as it relates to litigation privilege is in establishing the date on which it can be said that they had sufficient evidence to commence a proceeding. Confirms that organizations cannot factor in bodily harm to either their workers or any other member of the public as part of the cost of doing business. Doesn"t require the taking of every conceivable step, or even all reasonable steps, but rather reasonable steps. An organization should never endorse an intentional violation of the law even where the harm level is low or the risk of getting caught is also low. The use of thresholds in the matric respects the precautionary principle. Two staged approach to matrix risk analysis to save legal costs. Performance audits, ranging from internal routine audits to surprise external audits by independent counsel.
