Internal Investigations: How to Write a Report and Who Should Receive It?

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2 Responses

  1. Jon May says:

    I wonder how often outside counsel provides only an oral report to the company. Putting aside the company’s concern about the potential use of such a report by adversaries, what about outside counsel’s own concern about a future claim against outside counsel for malpractice. You orally recommend self disclosure and the company ignores your advice–the company is charged with a crime and there is a shareholder derivative suit and the company responds you gave it the wrong advice. You orally inform the court that they have a problem in China, but the client later claims that you never provided specifics. I think today we are dealing with potential conflicts that are not easily resolvable.

  1. September 20, 2012

    […] enforcement. The FCPA World Monitor blog games out some scenarios on self-disclosure. Mike Volkov discusses how to write an internal investigation […]