Getting Internal Investigations
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Getting Internal Investigations Done Right David T. Schultz Maslon Edelman Borman & Brand, LLP PowerPoint PPT Presentation


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Getting Internal Investigations Done Right David T. Schultz Maslon Edelman Borman & Brand, LLP. Conducting the Investigation. “ An internal investigation is worse than useless if it is not conducted properly and can cause substantial harm to a company ’ s credibility and reputation. ”

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Getting Internal Investigations Done Right David T. Schultz Maslon Edelman Borman & Brand, LLP

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Getting internal investigations done right david t schultz maslon edelman borman brand llp

Getting Internal Investigations

Done Right

David T. Schultz

Maslon Edelman Borman & Brand, LLP


Conducting the investigation

Conducting the Investigation

“An internal investigation is worse than useless if it is not conducted properly and can cause substantial harm to a company’s credibility and reputation.”

Giovanni Prezioso, Former General Counsel, SEC


Considerations

Considerations

  • Whether and When to Conduct One

  • Who Conducts It

  • How It is Conducted

  • What is Produced


When are internal investigations necessary

When Are Internal Investigations Necessary?


Getting internal investigations done right david t schultz maslon edelman borman brand llp

Who?

Inside counsel vs. Outside counsel

Expense Resources

Inside Knowledge Objectivity

Confidentiality Integrity

Motivation Independence


Selection of outside counsel investigator

Selection of Outside Counsel Investigator


Selecting your outside counsel

Selecting Your Outside Counsel

  • Assessing Competence

    • Technical

    • Independence

    • Reputation

    • Local Knowledge

    • Specified Knowledge


Competence

Competence

All told, Vinson & Elkins’“investigation” appears worthy of Inspector Clouseau.

. .. they asked few real questions, failed to talk to obvious key witnesses


Independence

Independence

[V & E]…in 2000 billed Enron for between $27 million and $30 million.


Structuring the investigation

Structuring the Investigation

  • Internal Reporting

  • Defining Scope/Written Plan

  • Internal Communication with Employees


Getting internal investigations done right david t schultz maslon edelman borman brand llp

How Do You Find the Facts?

The Interview


How do you find the facts

How Do You Find the Facts?

  • Conducting the interview

    • Corporate Miranda

    • Tape recording/court reporter

    • Written memos

  • Interference


The written report

The Written Report

  • Whether

  • When

  • How


The written report1

The Written Report


Dissemination of the report

Dissemination of The Report

  • Need to Know

  • Controls on Report

  • Canary Traps


Investigating the board what are the limits

Investigating the Board: What Are the Limits?


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