We have a great deal of experience in conducting internal investigations for corporations and other organizations. And in addition to our hands on experience, one of our partners coauthored the long-standing leading treatise on the topic, Corporate Internal Investigations, and has been recognized as an expert in federal court, where he has testified on the topics of corporate prosecutions and internal investigations.
We are highly aware of the sensitivity of these matters. Handled improperly, they can cause great harm to an organization – perhaps leading to criminal charges which, had the matter been addressed differently, might not have been brought – and can be the unnecessary ruin of careers. We know. At times, our lawyers have been in the position of picking up the pieces.
Internal investigations require thoroughness, integrity, and a clear understanding of the multi-faceted legal and factual issues often implicated. But perhaps most importantly, they require judgment. Unleashing vast teams of law firm associates to tear through great amounts of factual information, conduct interviews, and draw legal conclusions based on the “evidence” is not the best way for bringing about that balance.
We conduct internal investigations thoughtfully and as just that – investigations. We do not proceed on the presumption that wrongdoing has occurred while still determining the facts and the applicable law. We are not quick to conclude that an organization must condemn itself as a wrongdoer until it is clear that wrongdoing has been done – by the organization.
Our lawyers have been entrusted by the SEC, the Department of Justice, and other agencies to “find out the facts and report back” when that is the role we have been called upon to serve. We are a reasoned choice to which companies, boards, and special committees seeking professional judgment and honest counsel may turn when faced with the unfortunate situation of needing an investigation.