Investigating Alleged Internal Corporate Misconduct: Best Practices for Companies and Counsel
Balancing Investigative Objectives Against Business Needs and Realities
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will update counsel on the 2020 American College of Trial Lawyer's current recommendations on evaluating whether to conduct a corporate internal investigation and, if so, strategies for conducting and managing the investigation to minimize the likelihood of a government investigation and reduce potential penalties for wrongdoing.
Outline
- Initial organizational issues
- Creating the record, document review, and witness interviews
- Record of the investigation
- Post-investigation use of internal documents and work product
- Recommendations and best practices
Benefits
The panel will review these and other key questions:
- What types of issues should trigger an internal investigation?
- What type of organizational issues should counsel consider when beginning an internal investigation?
- What privileges are implicated in investigations, and how can companies avoid compromising any legal protections?
- What precautions should counsel make when documenting an investigation?
Faculty
Julia G. Mirabella
Attorney
Sidley Austin
Ms. Mirabella advises clients on a broad range of issues in connection with government and internal investigations,... | Read More
Ms. Mirabella advises clients on a broad range of issues in connection with government and internal investigations, special committee and board-led investigations, whistleblower complaints, and building, enhancing and testing compliance programs. As a part of her work, she represents public companies, financial institutions, and senior officers in connection with high-profile and complex matters including domestic and cross-border internal investigations as well as investigations initiated by the Department of Justice, U.S. Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA) and other federal and state regulators. Ms. Mirabella has handled matters involving, among other things, the Foreign Corrupt Practices Act (FCPA), the False Claims Act (FCA) and various securities laws and regulations.
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Cara Viglucci
VP Ethics and Compliance
Millicom
Ms. Viglucci has experience reviewing, assessing, designing, and implementing compliance programs, and representing... | Read More
Ms. Viglucci has experience reviewing, assessing, designing, and implementing compliance programs, and representing corporations in civil and criminal litigation including in litigation involving government investigations and enforcement actions.
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