Companies of all sizes can face issues or complaints leading to internal investigations. These range from noncompliance with regulatory requirements to Foreign Corrupt Practices Act (FCPA) compliance, harassment or discrimination concerns, data breaches, and whistleblower complaints. While there is no “one size fits all” approach, this panel will address investigation best practices from a variety of perspectives – in-house, government, and outside counsel – to provide the necessary tools when such issues arise. From receipt of a complaint to submission of a final report, there are critical decisions to be made at each juncture in the investigation. Starting with who should conduct the investigation and determining its scope, the panel will then provide strategies for effective fact-finding through witness interviews, including providing the necessary Upjohn warnings, and how to deal with difficult or uncooperative witnesses. Another key consideration throughout the investigation is preserving privilege, including when working with experts. Finally, the panel will discuss how to provide investigative findings and how to decide whether to make a written report public or make voluntary self-disclosures to the government. Overall, this investigations playbook will facilitate in-house counsel’s decision-making and communications with outside counsel, and help companies navigate parallel internal and government investigations.
Learning Objectives:
- How to determine who should conduct the investigation (HR, compliance, in-house counsel, outside counsel)
- How to determine the nature and scope of the investigation
- Best practices to address document retention, collection of cell phones, and data privacy issues, as well as document collection and review
- Tips to effectively manage labor and employment law issues
- Strategies for conducting witness interviews, including providing Upjohn warnings and the tenor of the conversation
- How to protect the attorney-client and work product privileges, including when working with experts such as forensics
- How to best provide investigative findings
- Gain insight into how the government uses, evaluates and weighs internal investigations and how to tailor your investigation accordingly
- Deciding how and when to engage with media and other outreach, including deciding whether and to what extent to make findings public
Speakers:
- Rasmeet K. Chahil, Counsel, Lowenstein Sandler LLP
- Elizabeth L. Mo, Counsel, The Law Firm of Hugh H. Mo, P.C.
- William H. Ng, Partner, Littler Mendelson P.C.
- Stewart Hsiao Loo, Investigator, Private Investigator and retired NYPD Deputy Inspector and Commanding Officer of Detectives.
Moderator:
- Hin Ton “Tracy” Wong, Associate, The Law Firm of Hugh H. Mo, P.C.
Program Chair:
- Elizabeth L. Mo, Counsel, The Law Firm of Hugh H. Mo, P.C.
Time: 10:45 a.m. ET
Location: Fordham University School of Law, 150 W 62nd St, New York, NY 10023
*Disclaimer: This event is open to the public but requires a registration fee.
