transcript   Transcript

Conducting the Internal Investigation

Recorded on: Jun. 20, 2017
Running Time: 01:31:40

Full Transcript:

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Taken from the Web Program Internal Investigations 2017 recorded June, 2017 in New York.

Conducting the Internal Investigation [01:31:40]

A. Considerations, Processes and Procedures 
  • Gathering documents
  • Employee interviews
  • Employee issues and obligations: advice, rights and liability in light of recent cases
  • Former employee interviews
  • When should employees or former employees have their own counsel?
  • How to deal with counsel for individuals
  • Dealing with the auditors
  • Dealing with international issues: attorney client privilege in other countries, language issues
    (Skills credit for NY attorneys)

B. Privilege Issues and Ethical Traps in Conducting the Investigation (1 hour ethics)

  • Protecting the investigation: Attorney client privilege and work product issues
  • Representational issues
  • Warnings to witnesses
  • How to respond to questions from interviewees
  • Avoiding obstruction
  • Other ethical dilemmas

The purchase price of this segment includes the following article from the Course Handbook available online:

  • Michael Delikat and Renee Phillips, Ch. 11: Internal Investigations, Practising Law Institute, Corporate Whistleblowing in the Sarbanes-Oxley/Dodd Frank Era (2nd Edition) (September 2016)
    Michael Delikat
  • Recent Whistleblower Law Developments: Orrick’s Whistleblowing Blog
    Michael Delikat
  • Crowell & Moring LLP, Crisis Handbook: A Desktop Survival Guide for In-House Counsel
    Thomas A. Hanusik
  • Mark D. Pollack, Emily L. Seymore and Michael C. Whalen, Conducting Effective Internal Investigations: Practice Pointers and Privilege Considerations
    Amy K. Carpenter-Holmes
Michael Delikat ~ Orrick, Herrington & Sutcliffe LLP
Christina B Dugger ~ Managing Director, Associate General Counsel , JPMorgan Chase & Co.
Thomas A Hanusik ~ Crowell & Moring
Richard J Morvillo ~ Morvillo LLP
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