Featured Stories
Sidley Adds Veteran ECVC Partner Taylor Stevens in San Diego
CHICAGO, Illinois, June 25 -- Sidley Austin, a law firm, issued the following news release:
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Sidley Adds Veteran ECVC Partner Taylor Stevens in San Diego
San Diego - Sidley is pleased to announce that Taylor Stevens has joined Sidley's office in San Diego as a partner in the Emerging Companies and Venture Capital practice. Mr. Stevens joins from Jones Day, where he was a partner in the Corporate group.
Mr. Stevens' practice includes venture capital transactions, strategic investments, and M&A, with a focus on the technology and life sciences sectors. He is a corporate lifecycle partner
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CHICAGO, Illinois, June 25 -- Sidley Austin, a law firm, issued the following news release:
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Sidley Adds Veteran ECVC Partner Taylor Stevens in San Diego
San Diego - Sidley is pleased to announce that Taylor Stevens has joined Sidley's office in San Diego as a partner in the Emerging Companies and Venture Capital practice. Mr. Stevens joins from Jones Day, where he was a partner in the Corporate group.
Mr. Stevens' practice includes venture capital transactions, strategic investments, and M&A, with a focus on the technology and life sciences sectors. He is a corporate lifecycle partnerrepresenting emerging growth companies from formation to financing to exit transactions. In addition to his emerging companies practice, Mr. Stevens represents established companies in domestic and cross-border acquisitions and strategic transactions. He also regularly counsels venture capital firms and corporate investors in connection with their investments in early stage and emerging growth companies.
"Taylor's clients are strategically placed in the key sectors of focus for Sidley - technology and life sciences - and the firm's deep bench and complementary practices will provide significant opportunities for Taylor to work with those clients," said Brian Fahrney, Chair of Sidley's Executive Committee.
"Taylor helps advance the firm's broader strategic goals of building out the San Diego office and expanding our corporate, securities, ECVC, and M&A capabilities and client base in California and nationally," said Sharon Flanagan, a member of the firm's Management Committee and Executive Committee. "Taylor is deeply embedded in the San Diego business community and has a longstanding network that will help us continue to grow."
Sidley continues to strengthen its office in San Diego with Mr. Stevens joining the most recent lateral partners in San Diego - Steve Przesmicki and Michelle Doolin.
Sidley's Emerging Companies and Venture Capital practice is supported by the firm's market-leading regulatory capabilities, international platform, and preeminent global M&A and Private Equity practice, which includes more than 650 lawyers advising on public and private transactions across a broad range of industries. Mr. Stevens' arrival follows the addition of six partners to Sidley's Emerging Companies and Venture Capital practice since the beginning of 2025, including Steve Przesmicki, Michael Podolny, Jason Kropp, Craig Hilts, Michael Rohr, and Rosemary Reilly.
Sidley is an elite global law firm. With approximately 2,300 lawyers and 160 years of experience, we have established a reputation for deploying innovative legal strategies to achieve powerful results for our clients in complex transactional, restructuring, crisis management, investigation, regulatory, and litigation matters.
Our perspective and reach are truly global, supported by 21 offices strategically situated in key commercial, regulatory, and financial centers across the world. Our lawyers and business professionals, fluent in more than 75 languages, possess the cultural awareness and cross-border legal acumen needed to bring clarity to a dynamic business landscape.
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Attorney Advertising--Sidley Austin LLP is a global law firm. Our addresses and contact information can be found at www.sidley.com/en/locations/offices. Sidley and Sidley Austin refer to Sidley Austin LLP and affiliated partnerships as explained at www.sidley.com/disclaimer.
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Original text here: https://www.sidley.com/en/newslanding/newpressreleases/2026/06/sidley-adds-veteran-ecvc-partner-taylor-stevens-in-san-diego
[Category: BizLaw/Legal]
Ropes & Gray Advised on $2.5 Billion Agility Robotics De-SPAC Transaction
BOSTON, Massachusetts, June 25 -- Ropes and Gray, a law firm, issued the following news:
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Ropes & Gray Advised on $2.5 Billion Agility Robotics De-SPAC Transaction
Ropes & Gray represented the PIPE placement agents and capital markets advisor to Churchill Capital Corp XI (NASDAQ: CCXI) in connection with the announced business combination between Churchill XI and Agility Robotics, Inc., a humanoid robotics and physical AI company. The transaction was announced on June 24.
The business combination values Agility at a pre-money equity value of $2.5 billion. Upon closing, the combined company
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BOSTON, Massachusetts, June 25 -- Ropes and Gray, a law firm, issued the following news:
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Ropes & Gray Advised on $2.5 Billion Agility Robotics De-SPAC Transaction
Ropes & Gray represented the PIPE placement agents and capital markets advisor to Churchill Capital Corp XI (NASDAQ: CCXI) in connection with the announced business combination between Churchill XI and Agility Robotics, Inc., a humanoid robotics and physical AI company. The transaction was announced on June 24.
The business combination values Agility at a pre-money equity value of $2.5 billion. Upon closing, the combined companyis expected to operate as Agility.
Agility is a humanoid robotics and physical AI company whose mission is to build robot partners that augment the human workforce and lead the adoption of humanoids everywhere.
Churchill XI is a blank check company formed for the purpose of effecting a merger with one or more businesses.
The team was led by capital markets partner Paul Tropp.
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URL: PIPE
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Original text here: https://www.ropesgray.com/en/news-and-events/news/2026/06/ropes-gray-advised-on-agility-robotics-de-spac-transaction
[Category: BizLaw/Legal]
Ogilvy Network Earns Two Grand Prix on Day 3 at Cannes Lions for 'Uva Uva Bombon' and 'SOS POS' Campaigns
NEW YORK, June 25 -- Ogilvy, an advertising, marketing and public relations agency, issued the following news:
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Ogilvy Network Earns Two Grand Prix on Day 3 at Cannes Lions for 'Uva Uva Bombon' and 'SOS POS' Campaigns
CANNES, FRANCE -- The Ogilvy global network continued its impressive performance at the 2026 Cannes Lions International Festival of Creativity, taking home 2 Grand Prix on Day 3 of the Festival. "Uva Uva Bombon" for Uva App by de la Cruz Ogilvy earned the Grand Prix in Direct, while Circus Grey's "SOS POS" for BCP Bank won the Grand Prix in Creative Data. In addition to the
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NEW YORK, June 25 -- Ogilvy, an advertising, marketing and public relations agency, issued the following news:
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Ogilvy Network Earns Two Grand Prix on Day 3 at Cannes Lions for 'Uva Uva Bombon' and 'SOS POS' Campaigns
CANNES, FRANCE -- The Ogilvy global network continued its impressive performance at the 2026 Cannes Lions International Festival of Creativity, taking home 2 Grand Prix on Day 3 of the Festival. "Uva Uva Bombon" for Uva App by de la Cruz Ogilvy earned the Grand Prix in Direct, while Circus Grey's "SOS POS" for BCP Bank won the Grand Prix in Creative Data. In addition to the2 Grand Prix, on Wednesday the Ogilvy network earned 5 Gold, 9 Silver, and 8 Bronze, upping its overall Festival total to 54 Lions.
"Uva Uva Bombon" for the Uva App turned the most-watched Super Bowl Halftime Show performance of all time into immediate consumer action. Once Bad Bunny sang the lyric "Uva Uva Bombon" during the show's opening number "Titi Me Pregunto", delivery platform UVA instantly triggered a real-time activation, unlocking a curated selection of in-app products that were on sale for $1 until inventory ran out. The on-sale items sold out before the performance ended, proving the power of turning a passive viewing experience into a moment of active participation. "Uva Uva Bombon" was also recognized on Wednesday with 3 Silver Lions.
De la Cruz Ogilvy Chief Creative Officer Sebastian Bullorini said: "'Uva Uva Bombon' came from identifying a conversation that was already happening in culture and turning it into an experience that delivered real business results. Winning the Direct Grand Prix, one of the most competitive categories at Cannes Lions, proves that culturally-driven ideas can resonate anywhere in the world. We're especially proud to have achieved this alongside a brand born in Puerto Rico, showing that world-class ideas can come from any market and earn global recognition. This award belongs to a team that understood a simple truth: the most powerful creativity is the kind that reaches people at exactly the right moment and inspires action."
With "SOS POS", Peru's BCP Bank turned everyday payment terminals into lifelines. In Peru, over 4,000 phones are stolen every day. If your phone is stolen, how can you alert your bank? BCP Bank turned terminals in small businesses all across the country into places where customers could block their bank accounts instantly with no calls or apps. By simply entering their ID number and PIN on the POS keypad, customers could protect their money in an instant until they could get in contact with their bank. In addition to the Grand Prix, "SOS POS" also earned 1 Gold and 1 Bronze Lion on Wednesday.
Creative Chairman and CEO of Circus Grey Jose Luis "Coyote" Rivera y Pierola said: "'SOS POS' is an idea that found a solution to a huge problem not just in Peru, but around the world. We reimagined a 50-year-old technology, transforming POS terminals into devices to fight cyber fraud. We're thrilled that this amazing idea and campaign was recognized at Cannes Lions with a Grand Prix."
The Ogilvy global network won an additional 4 Gold Lions across Wednesday's awards. "r/eal reviews" for Dove by DAVID London, AKQA Paris, and WPP Media -- which saw the brand embrace and publish real Reddit reviews for its Intensive Repair 10-in-1 Serum Mask -- won in Social & Creator - Consumer Goods. Another example of leveraging authentic, real-world online communities, "Vaseline Originals" for Vaseline by Ogilvy Singapore won in Social & Creator - Creator Collaboration for creating a line of products inspired by online creators' viral hacks of the product. "One More Question" for LALCEC by Grey Argentina earned Gold PR - Media Relations; the campaign saw LALCEC shake up press conferences and interviews with well-known sports, entertainment, and political figures who are at the age for yearly check-ups by asking them one final question. "Lime Guides" for Corona by Grey New York, which expertly solved the problem of cutting a lime wedge too large to fit in a Corona bottle by marking limes with visible cutting guides, won Gold in Direct - Small-Scale Media.
Keep up with Ogilvy and Cannes-related news throughout the Festival by following us on LinkedIn, Instagram, X and Facebook. Ogilvy's full 2026 Cannes programming can be found on Ogilvy.com and across the agency's social media channels.
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About Ogilvy
Ogilvy has been creating impact for brands through iconic, culture-changing, value-driving ideas since the company was founded by David Ogilvy more than 75 years ago. It builds on that rich legacy through Borderless Creativity--innovating at the intersections of its advertising, public relations, relationship design, consulting, and health capabilities with experts collaborating seamlessly across more than 120 offices spanning 90 countries. Ogilvy currently ranks as the #1 global agency network for creative excellence and effectiveness by WARC, signifying its ability to deliver creative solutions that drive unreasonable impact for clients and communities. Ogilvy is a WPP company (NYSE: WPP). For more information, visit Ogilvy.com, and follow us on LinkedIn, X, Instagram, and Facebook.
Chris Celletti is the Global Editor for Ogilvy and is based in New York.
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Original text here: https://www.ogilvy.com/ideas/ogilvy-network-earns-two-grand-prix-day-3-cannes-lions-uva-uva-bombon-sos-pos-campaigns
[Category: BizAdvertising]
Jeremy Liabo Speaks to Bloomberg Law on Prediction Markets Regulation
BOSTON, Massachusetts, June 25 -- Ropes and Gray, a law firm, issued the following news:
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Jeremy Liabo Speaks to Bloomberg Law on Prediction Markets Regulation
Asset management partner Jeremy Liabo was quoted in a recent Bloomberg Law article on the SEC's emerging role in regulating the rapidly growing prediction markets industry.
Jeremy commented on the SEC and CFTC's joint request for public comment on the definitions of certain swaps and derivatives products, a move that could open prediction markets to oversight by both agencies. He called the joint effort a "welcome first step."
Jeremy
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BOSTON, Massachusetts, June 25 -- Ropes and Gray, a law firm, issued the following news:
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Jeremy Liabo Speaks to Bloomberg Law on Prediction Markets Regulation
Asset management partner Jeremy Liabo was quoted in a recent Bloomberg Law article on the SEC's emerging role in regulating the rapidly growing prediction markets industry.
Jeremy commented on the SEC and CFTC's joint request for public comment on the definitions of certain swaps and derivatives products, a move that could open prediction markets to oversight by both agencies. He called the joint effort a "welcome first step."
Jeremynoted the risk that, without coordination, a contract could pass CFTC muster but later face SEC scrutiny.
He also emphasized the importance of regulatory clarity as prediction market exchanges look to expand into areas that may involve securities.
For more on our thinking on prediction markets, read our client alerts on the CFTC's proposed rule changes and what prediction markets mean for your compliance program.
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Original text here: https://www.ropesgray.com/en/news-and-events/news/2026/06/jeremy-liabo-speaks-to-bloomberg-law-on-prediction-markets-regulation
[Category: BizLaw/Legal]
Herbert Smith Freehills Kramer Advises Energy Fuels on the Acquisition of Vacuumschmelze for $1.9 Billion Equity Value
NEW YORK, June 25 -- Herbert Smith Freehills Kramer LLP, a law firm, issued the following news:
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Herbert Smith Freehills Kramer advises Energy Fuels on the acquisition of Vacuumschmelze for $1.9 billion equity value
Herbert Smith Freehills Kramer has advised Energy Fuels Inc. on its acquisition of Vacuumschmelze GmbH & Co. KG (VAC) and its related group companies from Ara Partners.
Energy Fuels is acquiring VAC for a total consideration of $718 million in cash and 65.853 million newly issued shares of Energy Fuels common stock, which, based on a closing share price of $16.12 (as of June
... Show Full Article
NEW YORK, June 25 -- Herbert Smith Freehills Kramer LLP, a law firm, issued the following news:
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Herbert Smith Freehills Kramer advises Energy Fuels on the acquisition of Vacuumschmelze for $1.9 billion equity value
Herbert Smith Freehills Kramer has advised Energy Fuels Inc. on its acquisition of Vacuumschmelze GmbH & Co. KG (VAC) and its related group companies from Ara Partners.
Energy Fuels is acquiring VAC for a total consideration of $718 million in cash and 65.853 million newly issued shares of Energy Fuels common stock, which, based on a closing share price of $16.12 (as of June22, 2026), corresponds to an equity value of $1.9 billion.
Upon completion of the transaction, VAC will become a wholly owned subsidiary of Energy Fuels but will retain its brand. Ara Partners will hold a 19.9 % stake in Energy Fuels.
The transaction is expected to close in early 2027, subject to customary closing conditions and regulatory approvals. Energy Fuels' Board of Directors has already unanimously approved the transaction.
Energy Fuels, a company listed on the NYSE and headquartered near Denver, Colorado, is a leading U.S. company in the critical minerals sector, with a focus on uranium, rare earth elements (REE), heavy mineral sands, vanadium, and medical isotopes.
VAC has been active in the field of high-performance magnetics for over 100 years and manufactures high-quality NdFeB and SmCo permanent magnets at several locations in North America, Europe, and Asia.
Herbert Smith Freehills Kramer advised Energy Fuels with the following team:
Dusseldorf/Frankfurt: Oliver Duys (Partner, Lead), Michael Glasner (Counsel, Co-Lead), Nikita Tkatchenko (Partner, all Corporate/M&A), Marcel Nuys (Partner), Florian Huerkamp (Counsel, both Competition), Marius Boewe (Partner, Regulatory), Steffen Hoerner (Partner, Tax), Florian Schmidt-Bogatzky (Partner, IP), Fritz Kleweta (Partner, Finance), Thies Deike (Counsel, IT), Associates: Johannes Niegemann, Lena Tubes, Sven Buttner (all Corporate/M&A), David Rasche, Dejan Einfeldt, Jan Diedrichs (all Regulatory), Dirk Metzler, Tatiana Guenster (both Tax), Mirko Gleitsmann, Lennard Posser (both Competition), Paula Curten (IP), Julia Ickstadt, Majaani Hachmeister, Matthias Joschko (all Employment), Florian Moeller (Finance)
Paris: Nina Bowyer (Partner), Annabelle Woerth (Counsel, both Corporate/M&A), Quentin Bachelot (Avocat, Real Estate)
London: John Taylor (Partner), Darius White (Associate, both Corporate/M&A)
Shanghai: Nanda Lau (Partner, Corporate/M&A), Gillian Miao (Counsel, Employment), Tianchan Li (Associate, Corporate/M&A)
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URL: Energy Fuels Inc.
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Original text here: https://www.hsfkramer.com/news/2026-06/hsf-kramer-advises-energy-fuels-on-the-acquisition-of-vacuumschmelze-for-1-9-billion-equity-value
[Category: BizLaw/Legal]
Fisher Phillips Issues Insight: Three New Wage and Hour Laws May Be Coming for New York Employers - 5 Steps for Your Businesses to Prepare
ATLANTA, Georgia, June 25 -- Fisher Phillips, a law firm, issued the following insight on June 24, 2026:
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Three New Wage and Hour Laws May Be Coming for New York Employers: 5 Steps for Your Businesses to Prepare
New York lawmakers have passed three wage-and-hour bills that could soon expand employee wage protections in the state. The legislation, which would separately address wage transparency, pay documentation, payroll deductions, and how employers should interpret state labor law, hasn't yet been signed by Governor Kathy Hochul. While Hochul has approved other significant workplace
... Show Full Article
ATLANTA, Georgia, June 25 -- Fisher Phillips, a law firm, issued the following insight on June 24, 2026:
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Three New Wage and Hour Laws May Be Coming for New York Employers: 5 Steps for Your Businesses to Prepare
New York lawmakers have passed three wage-and-hour bills that could soon expand employee wage protections in the state. The legislation, which would separately address wage transparency, pay documentation, payroll deductions, and how employers should interpret state labor law, hasn't yet been signed by Governor Kathy Hochul. While Hochul has approved other significant workplacelegislation during her tenure, it's unclear if that approval will also come with the expectation that lawmakers will pass agreed-upon changes when they reconvene. If signed in their current form, the bills would take effect immediately, although the Wage Payment Integrity Act would apply only to actions filed on or after its effective date. This Insight will cover everything New York employers need to know.
Bonus and Incentive Pay
The most significant bill for many employers is the Wage Payment Integrity Act. If enacted, it would amend New York Labor Law Section 190 to provide that "wages" include employment compensation that is not payable at the employer's "sole and absolute discretion." Bonuses and other forms of compensation would not be considered discretionary - and therefore excluded from "wages" - unless the employee is notified in a "clear, prominent, timely and uncontradicted" way that the employer has sole and absolute discretion to decide whether to make the payment.
The bill does not limit an employer's ability to offer discretionary bonuses. But employers will need to be clear about what is truly discretionary and what is earned or promised, while silence could lead to a presumption that the payment is non-discretionary. If a plan uses objective metrics, a defined payout formula, or specific targets, employers should expect employees to argue that the payment is protected "wages" unless their discretion is explicitly clarified in the plan.
That distinction can get messy. Many compensation documents say a bonus is "discretionary" while also listing targets, performance goals, eligibility rules, payout timing, or approval steps. Those details may be useful from a business standpoint, but they can also make a payment look more like earned compensation than a purely discretionary reward. The risk is especially high where employees are told they "will" receive a bonus, "are eligible for" a fixed target amount, or can "earn" incentive pay if certain goals are met. Consistency may also be key, as any mixed messages among offer letters, bonus plans, commission documents, compensation statements, and manager or recruiter talking points could be held against the employer.
The bill would also raise the stakes for recordkeeping. New York Labor Law Section 195 requires employers to provide wage notices and, when pay terms change, updated written notice unless the change appears on the employee's wage statement. If passed as is, the bill would create a rebuttable presumption that the employment compensation terms presented by an employee are the agreed-upon terms if the employer fails to provide the required wage notices upon request by the Department of Labor or an employee. This would align Section 195 with Labor Law Section 191(c), which already contains a similar presumption for commissioned salespeople.
Finally, the bill would amend New York Labor Law Section 198-c to clarify that the criminal penalties for wage theft under that provision were never intended to limit the civil penalties available under Section 198.
Extension of Permitted Wage Deductions
The second bill, S10569/A10342 would extend New York's temporary wage-deduction framework for an additional two years from its initial expiration date later this year.
Those provisions allow deductions from wages in limited circumstances, including deductions that are:
* authorized by law,
* expressly authorized by the employee and for the employee's benefit,
* to recover wage overpayments caused by mathematical or clerical error, and
* for repayment of salary or wage advances.
This bill would keep this familiar payroll tool available, but it would not relax New York's wage-deduction rules. Employers should make sure deduction authorizations are current, overpayment recoupments follow New York requirements, wage advances are documented, and payroll teams understand that deductions remain tightly regulated in New York. Multi-state employers should be especially careful not to assume they can simply deduct an overpayment from the next paycheck or apply a national advance-repayment process without checking New York's rules.
New York Labor Law Claims May Stand More Firmly on Their Own
The third bill, S9330/A10365, is less about day-to-day payroll administration and more about how courts interpret the New York Labor Law. The bill would add a new rule stating that comparable provisions of the state's labor law and its regulations - as well as worker-protective provisions with no federal counterpart - should be construed liberally to accomplish their remedial purposes, even if similarly worded federal laws or regulations are construed differently. It would take effect immediately if signed.
For employers, this means New York wage-and-hour claims may need to be evaluated on their own terms. Employers often review New York Labor Law claims alongside federal Fair Labor Standards Act claims, particularly in overtime, exemption, and pay-practice cases.
If the bill becomes law, employees may argue that New York law should be read more broadly than federal law, even when the language looks similar. That could affect how employers and courts look at exemptions, defenses, damages, and remedies. Expect plaintiffs to cite to this change to argue that New York courts should not automatically follow federal interpretations of similar wage-and-hour language. For example, an employer that has relied on a favorable federal interpretation of an exemption should not assume the same reasoning will carry the day under the New York Labor Law.
Potential Veto Alert: The likelihood that Governor Hochul will sign the bill is uncertain. She vetoed a similar version of this bill, S7388/A7863, in 2025, criticizing it as a "vague and sweeping statutory mandate" that would put "a thumb on the scale" in labor law disputes. The current version is narrower and focuses on state labor law provisions and regulations that are comparable to federal laws or regulations, as well as state regulations with no federal counterpart. It also does not carry forward the same operative language expressly requiring all exceptions and exemptions to be construed narrowly.
But, the bill still creates a vague mandate regarding how courts should view the state's labor law without providing any specifics as to how employers could possibly adjust their own practices to comply. The central question remains whether Governor Hochul will view those changes as enough.
5 Steps Employers Can Take Now
Although these bills have not yet been sent to the Governor, and action may not be taken until later this year, employers should consider reviewing their policies and practices now to avoid a scramble. These measures, if signed, will take effect immediately. Here are some steps employers should consider taking ahead of time:
1. Reviewing and, where needed, revising or creating bonus, commission, and incentive documents to clearly state when payments are discretionary and payable only in the employer's sole and absolute discretion. Remove language that could make discretionary pay look promised or earned.
2. Training HR, payroll, recruiters, and managers to avoid describing discretionary compensation (especially in offer-stage communications) in a way that sounds guaranteed.
3. Checking wage notices, offer letters, pay-change notices, and compensation plans to make sure required notices are provided, pay changes are properly documented, and written wage notices are accurate, current, and easy to retrieve.
4. Confirming wage-deduction practices for employee-authorized deductions, overpayment recoupments, and wage advances.
5. Creating or revisiting New York Labor Law risk assessments, with the understanding that the risk-reward calculation may soon change, especially where the employer's position depends heavily on federal-law interpretations.
Conclusion
We will continue to track developments on these New York wage-and-hour bills, so make sure you are subscribed to Fisher Phillips' Insight System to get the most up-to-date information direct to your inbox. If you have compliance questions, contact your Fisher Phillips attorney, the authors of this Insight, any member of our Wage and Hour Practice Group, or any attorney in our New York City office.
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Original text here: https://www.fisherphillips.com/en/insights/insights/three-new-wage-and-hour-laws-may-be-coming-for-new-york-employers
[Category: BizLaw/Legal]
Fisher Phillips Issues Insight: Private Club's Guide to Workplace Investigations Involving Member Conduct - Your 5-Step Action Plan
ATLANTA, Georgia, June 25 -- Fisher Phillips, a law firm, issued the following insight on June 24, 2026:
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A Private Club's Guide to Workplace Investigations Involving Member Conduct: Your 5-Step Action Plan
Private clubs face a difficult task when workplace complaints arise. You'll need to respond promptly and credibly while also navigating member relationships and legal exposure. The stakes are even higher when an employee complaint involves a member, because the club may need to balance employment concerns with member discipline procedures and club culture. We recently covered how to
... Show Full Article
ATLANTA, Georgia, June 25 -- Fisher Phillips, a law firm, issued the following insight on June 24, 2026:
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A Private Club's Guide to Workplace Investigations Involving Member Conduct: Your 5-Step Action Plan
Private clubs face a difficult task when workplace complaints arise. You'll need to respond promptly and credibly while also navigating member relationships and legal exposure. The stakes are even higher when an employee complaint involves a member, because the club may need to balance employment concerns with member discipline procedures and club culture. We recently covered how toprevent member harassment and manage your club's risks in our Insight here. Now we'll explain how to conduct an effective workplace investigation that is practical, defensible, and sensitive to the membership environment. While every complaint requires a tailored response, these five steps provide a roadmap so you're ready to act.
1. Identifying the Best Investigator
When it comes to employee complaints, clubs often default to having human resources handle the issue. That may be appropriate for many concerns between employees, provided your HR staff has the training, experience, and independence needed to conduct a fair investigation. But the analysis can significantly change when the complaint involves alleged member misconduct. In these situations, you should consider:
* Reviewing your governing documents, including bylaws, codes of conduct, membership agreements, disciplinary procedures, and any complaint-handling protocols. Those documents may identify who has authority to investigate, recommend discipline, or communicate with the member. Keep independence and credibility at the forefront of those decisions. Depending on the facts, the right investigator might be a board committee, a designated club leader, or an outside investigator or counsel.
* What role standing committees could play. Many clubs have grievance, ethics, disciplinary, house, or membership committees that address member conduct. Those committees can play an important role when an employee complaint involves a member, but you should be careful to distinguish between member-discipline procedures and the club's separate obligation as an employer to respond to employee complaints. Confirm whether the committee has investigative authority, disciplinary authority, or only recommendation authority before deciding how it will interact with the investigation.
* Privilege and discoverability risks, before the investigation begins. An investigation handled internally by HR, management, the board, or another club representative generally won't carry the same confidentiality protections as an investigation directed by legal counsel. If the complaint presents significant litigation, publicity, or member-relations risk, consider involving outside counsel early so they can assess whether the investigation should be conducted under attorney-client privilege.
2. Consider Whether Interim Measures Are Needed
Launching an investigation is just the beginning, and doesn't eliminate the potential for ongoing misconduct, continued interaction between the parties, or retaliation. Always consider whether interim measures are needed while the investigation proceeds.
Be cautious about measures that burden the complaining employee. For example, moving the employee to a back-of-house role may reduce contact with the member, but it also may affect tips, hours, advancement opportunities, or other working conditions. Unless the employee voluntarily agrees to the change and the club can preserve comparable employment terms, the measure may create additional retaliation risk.
When the accused is an employee or supervisor, you may consider administrative leave, schedule changes, temporary reassignment, or modified reporting lines. Complaints involving members require additional care. A club may consider asking a member to avoid certain areas of the club, refrain from contacting the complainant, or pause club visits while the investigation is pending. But member-facing measures may raise governance, contractual, and practical issues, particularly if the club's documents do not provide a clear path.
It's also critical that these interim steps aren't framed as a determination of wrongdoing. Interim measures are not disciplinary actions and should not be viewed as a finding that the allegations are substantiated.
3. Limit the Circle of People Who Know the Details
Information can move quickly in private clubs. Employees, managers, officers, and board, committee, and general members may all hear versions of a complaint before the club has had time to assess the facts.
Establish a tight communication protocol at the start of the investigation. As a general rule, details should be limited to the investigator, key decisionmakers, necessary witnesses, and legal counsel where involved. Identify one point person for communications with the complainant, the accused, and any member or board representatives who need updates.
This approach helps protect the integrity of the investigation, reduces the risk of inconsistent messaging, and limits the chance that gossip or premature conclusions will create additional retaliation or reputational concerns.
4. Develop an Investigation Plan
A strong investigation is not improvised. Before conducting interviews, the investigator should define the scope of the complaint, identify likely witnesses, preserve relevant evidence, and map the interview sequence. Decisions to save footage or interview individuals for the investigation should be made early.
For clubs, potential evidence may include:
* schedules
* access records
* reservation records
* incident reports
* emails and text messages
* member communications
* point-of-sale records
* security footage from relevant areas
After talking with the complainant and witnesses who may have direct knowledge, the investigator typically interviews the accused after gathering enough information to present the allegations fairly and allow a meaningful response. The right order will depend on the facts, but you should be able to explain why you took this chosen sequence.
5. Document the Process with Litigation and Member Scrutiny in Mind
Documentation often determines whether a club can later show that it took a complaint seriously and responded appropriately. The investigator should document major steps taken in the investigation, including:
* the intake of the complaint
* the witness list
* interview dates
* evidence reviewed
* interim measures
* findings
* corrective action
* follow-up steps designed to prevent retaliation
The investigation file should include witness statements or interview summaries and an investigation report or closing summary. Witness statements should accurately reflect what each witness reported. The final summary should explain the investigation process, identify the information reviewed, state the factual findings, and describe any corrective or preventive action taken.
Investigators should avoid unnecessary editorial comments, speculation, or legal conclusions, especially where the materials may later become discoverable or subject to member scrutiny.
Conclusion
If you have questions, contact the authors of this Insight, your Fisher Phillips attorney, or any member of the firm's Non-Profit and Tax-Exempt Organizations team. We will continue to monitor developments affecting non-profits and tax-exempt organizations, so make sure you are subscribed to Fisher Phillips' Insight System to receive the latest updates.
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Melissa A. Dials
Partner
440.740.2108
mdials@fisherphillips.com
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Original text here: https://www.fisherphillips.com/en/insights/insights/private-clubs-guide-to-workplace-investigations-involving-member-conduct
[Category: BizLaw/Legal]
