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

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

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?