Conducting Internal Investigations: In-House Counsel’s Guide

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Whether you are a director, or a member of an in-house legal, human resources, or internal audit team, there are sensitive scenarios that occur daily in companies and charitable organizations across industries that trigger the need for an internal investigation. It is critical that, as soon as allegations come to light, decisions are made about whether to investigate, who should direct and conduct the investigation, the goals and scope of an investigation, and whether a report, written or oral, will be issued. This guide sets forth a framework of best practices and key considerations for effective internal investigations, including special subject matter and industry-specific considerations; preserving the attorney-client privilege and attorney work product protection; the need for disclosure to and coordination with auditors, regulators, and others; and conducting investigations remotely.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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