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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Corporate Law

Date & Time
  • event Date

    Thursday, March 16, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will guide corporate counsel on the critical legal and practical considerations of conducting effective and efficient corporate internal investigations. The discussion will highlight key issues when advising business clients in this area and best practices for mitigating risks of litigation.

Faculty

J. Gregory Deis
Partner; Global Co-Chair Investigations & White Collar Defense Practice
Mayer Brown LLP

Mr. Deis regularly represents clients in high-stakes criminal and regulatory investigations and complex civil litigation. He regularly represents corporate and individual clients in investigations led by the U.S. Department of Justice, the SEC, the Commodity Futures Trading Commission, state attorneys general and other U.S. and foreign regulators. These matters have involved various areas of the law, including the FCPA and domestic corruption statutes, federal securities laws, US sanctions, the False Claims Act, antitrust, customs, tax, money laundering and environmental offenses. Mr. Deis’ complex litigation experience focuses on trial work and includes cases involving class actions, RICO, the Sherman Act, federal and state securities law, the Lanham Act, products liability, accounting malpractice, breach of contract, BIPA, tortious interference with contract and environmental law. Prior to rejoining the firm in 2013, Mr. Deis served as an Assistant U.S. attorney in Chicago, assigned to the Public Corruption section.

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Mayra C. Suárez
Counsel
Skadden Arps Slate Meagher & Flom LLP

Ms. Suárez’s litigation experience includes conducting internal investigations on behalf of U.S. and foreign corporations, audit committees, and individuals in the U.S., Europe, and Latin America. She has also defended clients in connection with allegations of unlawful antitrust practices and in investigations by the DOJ and the SEC related to the Foreign Corrupt Practices Act. Ms. Suárez advises clients on improvements to their compliance policies and procedures. Some of her representations have included conducting several internal investigations on behalf of the audit committee of a multinational company in the healthcare sector relating to improper business practices and accounting irregularities, including issues arising under the FCPA; representing a public company in a criminal and civil investigation by the DOJ’s Antitrust Division and state attorneys general; advising companies in the healthcare and construction sectors regarding internal investigations and developing and enhancing their compliance programs; and representing a multinational media corporation in connection with investigations related to government contracts.

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Description

There are many legal, business, and ethical issues inherent when companies undertake internal investigations of alleged wrongdoing. Counsel must guide clients through a myriad of complex and strategic decisions. Internal investigations may be triggered for various reasons from within and outside the company, including an internal whistleblower complaint or a request for information, subpoena, or enforcement action by an external regulator, including the U.S. Department of Justice, the U.S. Securities & Exchange Commission, the Commodity Futures Trading Commission, the Office of Foreign Assets Control, and state attorneys general.

Conducting an effective internal investigation has many benefits, although there are also risks. Some of the benefits include eliminating bad actors or unacceptable business practices, optimizing business value and reputation, and mitigating or perhaps even eliminating potential sanctions from government regulators. Some of the risks arise in the context of potential disclosure and self-reporting, public and media issues, costs and disruption to the business, and in collateral proceedings, including private civil litigation.

During the actual investigation and interviewing of witnesses, in-house and outside counsel must make every effort to preserve all relevant data, written documentation, emails, texts, instant messages, and voicemails. Any automated deletion technology should be suspended and legal holds should be issued to the appropriate individuals. It is also imperative to manage attorney-client privilege, work product protection, and confidentiality considerations.

Listen as our authoritative panel of attorneys addresses the benefits and risks of internal investigations and pre-investigation and post-investigation steps that must be considered in this heightened era of corporate scrutiny and enforcement. The panel will also offer best practices for conducting internal investigations to mitigate litigation risks for the company.

Outline

  1. Overview of legal, business, and ethical issues
  2. Pre-investigation stage
  3. Investigation stage
  4. Post-investigation stage
  5. Best practices for mitigating risks

Benefits

The panel will discuss these and other key issues:

  • What are some benefits and risks of conducting corporate internal investigations?
  • What is the best way to handle witnesses, documents, privilege issues, and relevant evidence throughout the stages of the investigation?
  • What are best practices for strategically positioning a company to respond to potential legal and regulatory action?