Corporate Investigations: Minimizing Liability and Techniques for Handling Government Enforcement Agencies

Planning Tips, Protecting Privileged Information, Effective Fact Gathering, Disclosure, Whistleblower Protections

This program has been cancelled

A live 90-minute CLE webinar with interactive Q&A


Wednesday, September 5, 2018

1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE webinar will provide counsel and corporate officers and directors an in-depth analysis of practical methods for managing internal and external investigations. The panel will discuss complex issues that arise in managing complex government investigations, reporting guidelines, disclosures to government enforcement agencies, and whistleblower protections.

Description

The lifespan of an investigation involves making a variety of decisions based on complex circumstances and facts with the goal of avoiding litigation, penalties and potential criminal charges. Counsel must understand mechanisms for structuring and managing the investigation, gathering facts, and controlling collateral consequences.

Investigations may be triggered either internally, after discovery of potential wrongdoing through an audit or hotline report, or externally, through government inquiry or demand in the form of informal requests for information, grand jury subpoenas or search warrants. Government demands are often founded on whistleblower allegations that may be reflected in a qui tam complaint that remains under seal during the investigation, leaving the company in the dark regarding the underlying allegations and their source.

Where an investigation is triggered externally by government inquiry or demand, it will likely be fast-paced, with multiple work streams occurring simultaneously. In most cases, a dominant purpose of the investigation will be to demonstrate to the government that the company is cooperating with the government’s investigation and working diligently and in good faith to get to the bottom of potential wrongdoing, including the conduct of specific individuals involved.

Listen as our panel discusses the complex issues that arise in managing internal and external investigations and provide guidance on developing an investigation plan, reporting guidelines and disclosure requirements. The panel will also discuss whistleblower protection issues and tips for handling enforcement actions.

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Outline

  1. Internal investigation planning and preparation
  2. Fact gathering: managing document review and witness interviews
  3. Responding to external investigations: reporting requirements and disclosure
  4. Whistleblower protection issues
  5. Best practices and tips for counsel in developing and implementing an effective investigation plan

Benefits

The panel will review these and other crucial issues:

  • Developing an investigation plan to limit mistakes and unnecessary exposure
  • Effective fact gathering, document review and witness interviews
  • Potential e-discovery pitfalls and their consequences
  • Initiation of government investigations and handling disclosures
  • Understanding regulations for whistleblower protection and issues

Faculty

Altman, Stuart
Stuart M. Altman
Vice-President and Deputy Global Chief Compliance Officer
Las Vegas Sands

Mr. Altman has 25 years of experience in conducting investigations, defending corporations and leading compliance...  |  Read More

Collins, Kevin
Kevin D. Collins

Partner
Bracewell

Mr. Collins is a former Assistant U.S. Attorney from the Eastern District of Texas, and he has focused on process...  |  Read More

Greenwald, David
David M. Greenwald

Partner
Jenner & Block

Mr. Greenwald is a litigator in high-stakes, complex disputes relating to commercial matters, cross border...  |  Read More