Presentations

When the Spotlight Turns Inward: Legal, Business and Ethical Issues in Internal Investigations – 2013 Business Litigation Practice Group Seminar

Date
September 19, 2013
Location
The Langham Hotel
Address
Chicago, Illinois
Speakers
Jeffrey Hugh Newman, Mark S. Olinsky
Sponsor
ALFA International’s Business Litigation Practice Group
Topic
Internal Investigations: A Cauldron for Inadvertent Error, Embarrassing Exposure and Early Termination
Description

This panel of highly experienced internal counsel, headed by a former Assistant United States Attorney, will lead attendees through the problems and pitfalls of a difficult internal investigation. Issues covered will range from whether and how to conduct an internal investigation to how to handle the results flowing there from. Questions presented will include:

  • Is it necessary to conduct an internal investigation?
  • Who should conduct the investigation – in-house counsel, regular outside counsel, or a new firm altogether?
  • How broad should the scope of the investigation be?
  • What steps need to be taken to preserve and review relevant documents?
  • How does the corporation preserve attorney-client and work product protections?
  • What are the nuts and bolts of conducting witness interviews?
  • Should the “Upjohn warnings” to employees be in writing?
  • Should a written investigative report be prepared?
  • If misconduct is found, should the company self-report to the government?
  • If the company does self-report, how to handle problems that arise with privilege and exposure to civil suits?