A business may need to conduct an internal fact-finding investigation for a variety of reasons and at any time. When doing so, it will, understandably, be minded to ensure that its findings (and any underlying documents and information that informed such findings) are kept confidential and – to the greatest extent possible – protected by
Class actions are historically unfamiliar to German civil procedural law. Transferring the findings and evaluations of a single model case to various cases with a similar background contradicts a cornerstone principle of German civil procedural law – that the assertion of claims on behalf of a third party is prohibited.
No business is immune from the possibility of things going wrong. Encouraging workers to speak up about suspicions they have can assist a business in tackling potential malpractice or wrongdoing promptly and mitigate consequential risks.
