Investigating Alleged Internal Corporate Misconduct: Best Practices for Companies and Counsel

This CLE course will update counsel on the 2020 American College of Trial Lawyer's current recommendations on evaluating whether to conduct a corporate internal investigation and, if so, strategies for conducting and managing the investigation to minimize the likelihood of a government investigation and reduce potential penalties for wrongdoing.

The most recent set of recommendations from the American College of Trial Lawyers provides guidance on conducting internal audits in cases where corporate bad acts are alleged. Companies must be more diligent in identifying and remedying areas of potential corporate liability. Internal investigations can be an effective mechanism for detecting and correcting violations and vulnerabilities in corporate policies and practices.

When undertaking an internal investigation, businesses and their counsel must consider several legal, ethical, and practical issues, including whether to conduct an internal investigation at all, how to investigate in a cost-effective manner, how to manage privilege issues, confidentiality concerns and potential conflicts of interest, and steps to take post-investigation to minimize the likelihood of a government investigation or penalty. The latest recommendations provide a roadmap and effective tools for counsel placed in this situation.

Listen as our authoritative panel of practitioners explains best practices for assessing when to conduct an internal investigation when there is suspected corporate malfeasance, key elements and challenges of internal investigations, practical guidance for conducting investigations, and effective post-investigation strategies.