News & Analysis as of

Corporate Investigations Internal Investigations

J.S. Held

Essential Steps for Protecting Your Company in a Fraud Investigation

J.S. Held on

Fraud is a pervasive issue that affects businesses, organizations, and individuals across various industries. Often, an organization is surprised to find itself a victim of fraud, especially when the perpetrator is a trusted...more

Reveal

[Webinar] 10 Practical Ways To Enhance Your (Workplace, Compliance, and Fraud) Investigations In 2023 - January 31st, 10:00 am -...

Reveal on

In this webinar, we will share some best practices on how to efficiently perform three most common types of internal investigations, namely: workplace, compliance, and fraud investigations. Here’s a quick glance at what we...more

Oberheiden P.C.

10 Reasons to Hire a Corporate Private Investigator

Oberheiden P.C. on

Corporate investigations can serve a variety of different purposes. From uncovering accounting fraud to responding to cybersecurity breaches and preparing for litigation, there are various circumstances in which corporate...more

Oberheiden P.C.

Corporate Intelligence & Investigations

Oberheiden P.C. on

Today’s modern world enables complex business transactions to occur both within the United States as well as abroad in cross-border activities. Many of these transactions pose significant risks to business operations and the...more

Brooks Pierce

North Carolina Business Court Ruling Could Impact the Ability of Businesses to Assert Attorney-Client Privilege Over...

Brooks Pierce on

A ruling issued by the North Carolina Business Court last month could have a significant impact on the ability of North Carolina companies and counsel to assert the attorney-client privilege over communications exchanged in...more

Association of Certified E-Discovery...

[Webinar] Effectively Conduct Corporate Investigations With eDiscovery - August 18th, 1:00 pm - 2:00 pm ET

As eDiscovery professionals, we all understand the use of digital technology, from laptops to smartphones to apps. As the use of all manner of devices continues to increase exponentially, their important role in litigation...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC v. RPM International — A Cautionary Case Study on the Limits of Attorney-Client Privilege and Work-Product Protection

While much of the corporate legal world has been focused on the effects of the COVID-19 pandemic, a little-noticed case working its way through the federal courts in Washington, D.C. threatens to whittle down the scope of...more

Jackson Lewis P.C.

Who Is The Audience For An Internal Investigation Report?

Jackson Lewis P.C. on

Too often, internal investigators mistakenly conclude that their reports are for the exclusive review of decision-makers. Sometimes, this may be true. However, more often than not, there are two audiences of which an...more

Jackson Lewis P.C.

The Importance Of Developing An Investigation Plan

Jackson Lewis P.C. on

The importance of a prompt and thorough internal investigation is more evident than ever, and an effective investigation plan can protect the company’s interests when reviewing internal complaints. Consider the following when...more

Jones Day

Germany’s "Corporate Sanctions Act": The Path to Corporate Criminal Liability

Jones Day on

The Situation: On August 22, 2019, the German Ministry of Justice and Consumer Protection presented the draft Corporate Sanctions Act ("CSA"), a bill that would establish corporate criminal liability in Germany. The...more

Latham & Watkins LLP

Der Entwurf für das Gesetz zur Bekämpfung der Unternehmenskriminalität

Latham & Watkins LLP on

Das Bundesjustizministerium hat am 22. August 2019 seinen Entwurf für das Gesetz zur Bekämpfung der Unternehmenskriminalität vorgestellt. Der 147 Seiten und 69 Paragrafen umfassende, bisher nicht veröffentlichte Entwurf...more

Hogan Lovells

The Southern District of New York Expresses Concern with Government's "Outsourcing" of Corporate Internal Investigations

Hogan Lovells on

In a recent decision that could have critical implications for corporate internal investigations conducted pursuant to a government agency’s request, the Southern District of New York expressed concern with the government’s...more

Cohen & Gresser LLP

Mad Dogs and Englishmen: Part Deux

Cohen & Gresser LLP on

One of the most insipid hit records of the 1960s was Roger Miller’s “England Swings (Like a Pendulum Do).” In an earlier edition of this august Journal, I detailed how differently our English “cousins” swing on the issue of...more

Thomas Fox - Compliance Evangelist

Day 5 of One Month to Better Investigations and Reporting-the Board’s Investigation Protocol

Many companies have an investigation protocol in place when a potential Foreign Corruption Practices Act (FCPA) or other legal issue arises? However, many Boards of Directors do not have the same rigor when it comes to an...more

Carlton Fields

Keep This Between Us—and the Government: Confidentiality of Witness Interviews in Corporate Internal Investigations

Carlton Fields on

Internal investigations into suspected employee wrongdoing are particularly tricky for in-house counsel, who must protect corporate confidentiality, be mindful of regulatory reporting requirements, and respect labor...more

McGuireWoods LLP

Courts Reject Protection for Corporate Investigations, but Offer Helpful Guidance: Part II

McGuireWoods LLP on

Last week's Privilege Point described two cases rejecting defendant's protection claims for internal investigations. In each case, the court held that the defendant undertook its investigation in the ordinary course of its...more

McGuireWoods LLP

Courts Reject Protection for Corporate Investigations, but Offer Helpful Guidance: Part I

McGuireWoods LLP on

Companies' internal investigations can deserve (1) privilege protection, if primarily motivated by the need for legal advice; and (2) work product protection, if primarily motivated by anticipated litigation. In both...more

Polsinelli

DOJ Reaffirms Commitment to Prosecuting Individuals, Toughens Expectation for Corporate Response

Polsinelli on

The U.S. Department of Justice (DOJ) recently issued a memorandum ("The Yates memo") on September 9, 2015 by Deputy Attorney General Sally Yates, reaffirming the Government's commitment to prosecuting individuals. Say...more

Holland & Knight LLP

DOJ Targets Executives and Individuals in Corporate Investigations

Holland & Knight LLP on

Responding to criticism stemming from a lack of individual prosecutions as a result of the financial crisis, Deputy Attorney General Sally Yates has issued a new guidance memorandum establishing six new steps for federal...more

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