In the wake of highly publicized corporate shake-ups, internal investigations have gained national prominence and established themselves as an important tool of management. This trend offers stimulating and challenging opportunities to lawyers, both inside and outside counsel, retained to conduct internal investigations. However, this delicate and complex task carries potential traps and pitfalls for those involved. Internal Corporate Investigations, Fourth Edition, guides you through the steps necessary to conduct a proper and thorough legal investigation. Each chapter covers one aspect of conducting an investigation, clearly describing and advising you on the methods and skills involved, while providing you with practical tips on anticipating, recognizing, and avoiding the traps you are certain to encounter. This in-depth guide will help you: - Determine whether an internal investigation needs to take place - Conduct effective employee interviews - Organize and review documents pertinent to the internal investigation - Understand employees' rights throughout the investigation - Coordinate parallel criminal and civil proceedings that may arise in connection with or in response to the internal investigation - Decide whether and what to disclose to government agencies - Understand the context of specialized circumstances in internal investigations, including shareholder litigation, environmental actions, securities cases, and government contract investigations Internal Corporate Investigations contains proven strategies, methods, and techniques used by seasoned practitioners to help you conduct an effective and efficient internal investigation.
Brad D. Brian, comanaging partner of Munger, Tolles & Olson LLP, is a renowned trial lawyer who represents clients in their most challenging, high-profile lawsuits and government investigations. A fellow in the American College of Trial Lawyers and the International Academy of Trial Lawyers, Mr. Brian is listed in The Best Lawyers in America in five categories, including business litigation, criminal defense, and bet-the-company cases. He also has been identified by California Law Business for 20 consecutive years as one of the 100 most influential lawyers in California. In 2016, he was selected by The American Lawyer Magazine as a Litigator of the Year and in 2015 earned recognition as a California Lawyer Attorney of the Year. Mr. Brian has conducted more than 100 internal corporate investigations in the areas of securities regulation, environmental compliance, government contracts, the Foreign Corrupt Practices Act, the False Claims Act, bribery, and other matters. He regularly lectures about internal investigations and crisis cases and has taught trial advocacy at the University of Southern California Law Center, Harvard Law School's trial advocacy program, and the National Institute for Trial Advocacy. In 2005-2006, Mr. Brian served as chair of the American Bar Association's Section of Litigation. Mr. Brian graduated magna cum laude in 1977 from the Harvard Law School, where he served as managing editor of the Harvard Law Review. He also served as an assistant U.S. attorney in Los Angeles. Barry F. McNeil, senior counsel in the Dallas office of Haynes and Boone, LLP, is a fellow in the American College of Trial Lawyers and a former chair of the Litigation Section of the American Bar Association. For 35 years, Mr. McNeil has defended companies and senior officers before juries throughout the country in criminal and civil proceedings. Mr. McNeil oversees the firm's 35-lawyer White Collar, Antitrust, and Securities Group. He has served as counsel for numerous special litigation committees, audit committees, and outside directors, where he advises on issues arising under federal and state securities and antitrust laws, federal criminal statutes, and conspiracy and fraud charges. In The National Law Journal's "Biggest Defense Verdict of 1999" (May 22, 2000), Mr. McNeil led the successful defense of a national health care provider, winning a "slam-dunk defense verdict." Mr. McNeil is an adjunct professor at the University of Texas School of Law, where he teaches a course on white-collar crime. Lisa J. Demsky is a litigation partner with Munger, Tolles & Olson LLP whose practice is focused on internal investigations, complex commercial cases, and white-collar defense. Ms. Demsky often is called upon to handle challenging internal corporate investigations, including in the areas of government contracts, the False Claims Act, the Foreign Corrupt Practices Act, and compliance issues. She has conducted numerous international investigations, including for publicly traded companies and defense contractors with overseas subsidiaries or operations. Ms. Demsky is an experienced trial lawyer who represents a broad range of clients in federal and state courts nationwide and has handled a number of civil litigation matters with parallel government investigations or proceedings. She was recognized as colead counsel on a defense trial victory that was named among The Daily Journal's Top Verdicts of 2016. Ms. Demsky graduated from Yale Law School, clerked on the Ninth Circuit for the Honorable Cynthia H. Hall, and served as a visiting lecturer at the University of Chicago Law School before joining Munger Tolles in 1998.