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Internal Investigations 2008: Legal, Ethical & Strategic Issues

Released on: Jun. 24, 2008
Running Time: 06:15:36.00


Overview

Some of the most difficult legal and ethical issues in today's regulatory environment arise in the context of internal investigation practice and procedure. As the number of and reasons for internal investigations continue to rise, you need to know when and how to conduct the most effective investigations in order to limit your client's or corporation's exposure. This Web Program will take you through an internal investigation from beginning to end, covering the important fundamentals as well as the most recent developments, trends and best practices in this increasingly important area. You will benefit from the insider perspective and real-life experiences of an expert faculty comprised of top government regulators from the DOJ, SEC and state AG's offices, chief in-house counsel, leading private practitioners and forensic accountants and come away with the practical tools you need to counsel your clients or company regarding internal investigations. You will also receive two hours of ethics CLE credit and learn from a mock demonstration as you find out how to avoid the many complicated ethical issues that arise in the context of internal investigations.

Lecture Topics [Total time 06:15:36]

Segments with an asterisk (*) are available only with the purchase of the entire program.

  • Commencing the Investigation [01:05:37]
    David B. Anders, Suzanne Jaffe Bloom, Steven R. Peikin, Claudius O. Sokenu
  • Conducting the Investigation [01:05:47]
    Robert B. McCaw, Lynn A. Neils, Martine M. Beamon, Michael Delikat, John Gero
  • Dealing with the Government [01:04:26]
    Colleen P. Mahoney, Mylan L. Denerstein, Nancy Kestenbaum, Henry Klehm III, Mark K. Schonfeld
  • Concluding the Investigation [01:00:26]
    James E. Johnson, Guy Petrillo, Alan J. Brudner, Ben Campbell, Aaron R. Marcu
  • Ethical Issues in Internal Investigations [01:59:20]
    Carl H. Loewenson, Jr., Mei Lin Kwan-Gett, Richard J. Morvillo, Audrey Strauss, Samuel J. (Sandy) Winer

The purchase price of this Web Program includes the following articles from the Course Handbook available online:

  • American College Of Trial Lawyers: Recommended Practices For Companies And Their Counsel In Conducting Internal Investigations
    Richard J. Morvillo, Steven R. Peikin, Robert W. Tarun
  • Issues Arising In Cross Border Investigations
    David B. Anders, Carol Miller
  • The Role Of Corporate Internal Investigations
    Claudius O. Sokenu
  • Commencing The Investigation
    Evan T. Barr
  • Internal Corporate Investigations - Anticipating Possible Voluntary Disclosure
    Steven M. Kowal
  • Sarbanes-Oxley Whistleblower Update 2008
    Michael Delikat
  • Checklist For Workplace Investigations
    Michael Delikat
  • The Attorney-Client Privilege And Work-Product Doctrine In Internal Investigations - Protecting The Privilege: What Is It, Who Has It What Happens If You Waive It Goodbye ?
    Christina M. Tchen
  • Navigating The Internal Investigation: Balancing Government Expectations With Client Interests
    Sheldon T. Zenner
  • Cross-Border Considerations In Internal Investigation
    Henry Klehm III
  • Internal Investigations And SEC Enforcement
    Colleen P. Mahoney, Charles F Walker, Louis D Greenstein, Andrew Lawrence
  • Internal Investigations: Techniques And Guidelines
    John H. Sturc
  • Self-Investigation And Remediation: Good Strategy And Good Business
    Aaron R. Marcu
  • U.S. Department Of Justice Memorandum: Selection And Use Of Monitors In Deferred Prosecution Agreements And Non-Prosecution Agreements With Corporations, March 7, 2008
    Guy Petrillo
  • Concluding And Protecting Corporate Internal Investigations
    Robert W. Tarun
  • Concluding The Invstigation
    Julie A. Bauer
  • In The Senate Of The United States, December 11, 2007, 110th Congress, 1st Session, S.2450: To Amend The Federal Rules Of Evidence To Address The Waiverof The Attorney-Client Privilege And The Work Product Doctrine
    Julie A. Bauer
  • Internal Investigations And External Auditors: Understanding And Overcoming The Challenges
    David M. Howard
  • Representational Issues In Internal Investigations
    Mei Lin Kwan-Gett
  • Ethics Of Internal Investigations
    Carl H. Loewenson, Jr.
  • Company Counsel As Agents Of Obstruction: An Update
    Audrey Strauss
  • Ethical Issues That Arise During Internal Investigations
    David B. Bayless
  • Recent SEC Enforcement Actions Against In-House Lawyers: Its Impact On Legal And Compliance
    David B. Bayless
  • Fifty Ways To Minimize Errors In Document Productions For Government Investigations
    Dixie L. Johnson
  • Fried Frank SECMAIL® : Facilitating Payments Under The FCPA: Questions You Must Ask To Avoid Liability, October 15, 2007
    Dixie L. Johnson
  • Fried Frank Memorandum: Revisiting Insider Trading In The Debt Markets: Lessons For Debt Investors And Members Of Committees In Bankruptcy Cases, June 19, 2007
    Dixie L. Johnson
  • Internal Investigations
    Scott R. Lassar
  • Index To Internal Investigations 2008: Legal, Ethical & Strategic Issues
Presentation Materials
  • Who is the Client? Ethics of Internal Investigations
    Carl H. Loewenson, Jr.
  • Indemnification and Advancement of Legal Fees for Directors and Officers
    Samuel J. Winer

Faculty

Co-Chair(s)

Nancy Kestenbaum, Covington & Burling LLP
Richard J. Morvillo, Schulte Roth & Zabel LLP

Speaker(s)

David B. Anders, Wachtell, Lipton, Rosen & Katz
Suzanne Jaffe Bloom, Dewey & LeBoeuf LLP
Michael Delikat, Orrick, Herrington & Sutcliffe LLP
Mylan Denerstein, Executive Deputy Attorney General for Social Justice, Office of the NYS Attorney General
John Geron, Managing Director, Navigant Consulting Inc
Avi Gesser, Davis Polk & Wardwell
James E. Johnson, Debevoise & Plimpton LLP
James Johnson, Debevoise & Plimpton LLP
Henry Klehm III, Jones Day
Mei Lin Kwan-Gett, Willkie Farr & Gallagher LLP
Carl H. Loewenson, Jr., Morrison & Foerster LLP
Colleen P. Mahoney, Skadden, Arps, Slate, Meagher & Flom LLP
Aaron R. Marcu, Freshfields Bruckhaus Deringer LLP
Robert McCaw, Wilmer Cutler Pickering Hale and Dorr LLP
Lynn A. Neils, Mayer Brown
Steven R. Peikin, Sullivan & Cromwell LLP
Guy Petrillo, Petrillo Klein LLP
Paul H. Schoeman, Kramer Levin Naftalis & Frankel LLP
Mark K. Schonfeld, Former Director, NY Regional Office, U.S. Securities and Exchange Commission, Gibson, Dunn & Crutcher LLP
Claudius O. Sokenu, Arnold & Porter LLP
Audrey Strauss, Fried, Frank, Harris, Shriver & Jacobson LLP
Samuel J. Winer, Foley & Lardner LLP

Program Attorney(s)

Laura R. Shields, Assistant Director, Programs, Practising Law Institute

CLE Credit

PLI makes every effort to accredit its CLE Now (On-Demand Web Programs) and Segments.  Please check the CLE Calculator above for CLE information specific to your state.

CLE Now (On-Demand Web Programs) and Segments are approved in:

Alabama1, Alaska, Arizona, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois , Iowa2*, Kansas3, Kentucky*, Louisiana, Maine*, Mississippi, Missouri4, Montana, Nebraska, Nevada, New Hampshire5, New Jersey, New Mexico6, New York7,  North Carolina8, North Dakota, Ohio9, Oklahoma10, Oregon*, Pennsylvania11, Rhode Island12, South Carolina, Tennessee13, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin14 and Wyoming*.

Iowa, Mississippi, Oklahoma, and Wisconsin DO NOT approve Audio Only On-Demand Web Programs.
Minnesota  approves live webcasts ONLY

*PLI will apply for credit upon request. Louisiana and New Hampshire: PLI will apply for credit upon request for audio-only on-demand web programs.

1Alabama: Approval of all web based programs is limited to a maximum of 6.0 credits.

2Iowa:  The approval is for one year from recorded date.

3Kansas:  An on-demand web program may be viewed individually if a qualified person is in attendance, personally or by telephone, to comment and answer questions. There is a 5.0 credit limit per year for this type of viewing.

4Missouri:  On-demand web programs are restricted to six hours of self-study credit per year.  Self-study may not be used to satisfy the ethics requirements.  Self-study can not be used for carryover credit.

5New Hamphsire:  The approval is for three years from recorded date.

6New Mexico:  On-Demand web programs are restricted to 4.0 self-study credits per year. 

7New York:  Newly admitted attorneys may not take non-traditional course formats such as on-demand Web Programs or live Webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats. 

8North Carolina:  A maximum of 4 credits per reporting period may be earned by participating in on-demand web programs. 

9Ohio:  To confirm that the web program has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us.  Online programs are considered self-study.  Ohio attorneys have a 6 credit self-study limit per compliance period.  The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.

10Oklahoma:  Up to 3 credits may be earned each year through computer-based or technology-based legal education programs.

11Pennsylvania:  PA attorneys may only receive a maximum of four (4) hours of distance learning credit per compliance period. All distance learning programs must be a minimum of 1 full hour. 

12Rhode Island:  Audio Only On-Demand Web Programs are not approved for credit.  On-Demand Web Programs must have an audio and video component.

13Tennessee:  The approval is for the calendar year in which the live program was presented.

14Wisconsin: Ethics credit is not allowed.  The ethics portion of the program will be approved for general credit.  There is a 10 credit limit for on-demand web programs during every 2-year reporting period.

Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon speakers.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, call Customer Service (800) 260-4PLI (4754) or e-mail info@pli.edu.


Calculate Credits calculator
CLE-NY Credits
Credit Status: Approved
Transitional:  No
Total Credits:  7.50
  Ethics:  2.00
  Professional Practice:  5.50



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