Mitigating Risk in Asia-Based Investigations
Eric B. Bruce, William F. McGovern and Beau D. Barnes of Kobre & Kim write: Internal investigations in Asia are rife with risk for the unprepared. Thoughtful counsel can balance competing interests while conducting internal investigations in China, Korea, and other Asian jurisdictions while satisfying inquiries from local regulators and the U.S. government.
Seven Principles for Conducting a Digital Forensic Review
John Hillebrecht, Jessica Masella and Adam Steene of DLA Piper write: Every internal investigation is different. Although the situation on the ground is likely to be fluid and unpredictable, some solid principles should provide a roadmap to stay on course when conducting a sound digital forensic investigation.
When Is Cooperation With the Government Considered ‘State Action’?
Maranda Fritz, Brian Waller and Brian Steinwascher of Thompson Hine discuss decisions addressing the impact of a corporation becoming entwined in governmental actions, including the Second Circuit’s recent decision in ‘Gilman’, and pending motions predicated on the internal investigation that preceded the indictment in ‘United States v. Blumberg’.
Withstand Regulatory Scrutiny by Building a Culture of Compliance
Matt Shelhorse and Denise Messemer of PwC write: Building a culture of compliance—one that can withstand regulatory scrutiny while addressing the connection between company values, behavior and decision-making—is a business imperative that grows more critical by the day.
Five Ways to Meet Heightened Government Expectations
Jonny Frank and Alexander F. Gershner of StoneTurn Group write: Corporations seeking cooperation credit from regulators in internal investigations are now required to disclose “all relevant facts” on individuals involved in wrongdoing. However, the DOJ has not established standards for how and by whom these facts are gathered. As counsel and companies work through these decisions, they must also defend the adequacy of investigations and should consider how properly assessing risks and improving controls can help to meet the heightened expectations.
Privilege Protection in an Era of Cooperation
Noreen Kelly and Casselle Smith of McGuireWoods write: In an era of encouragement of increased disclosure by defense counsel of their internal investigation results, it is as important as ever to carefully consider privilege implications in order to maximize disclosure while guarding against waiver.