Internal Corporate Investigations, Fourth Edition

(Paperback)

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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.

Author Bio

Barry F. McNeil is a partner in the Dallas Office of Haynes and Boone, LLP. Mr. McNeil has over 35 years of experience as a trial lawyer, with the United States Department of Justice and in private practice. He defends companies and senior officers before juries throughout the country in corporate criminal prosecutions and parallel civil proceedings and class proceedings. He is co-editor of the Third Edition of Internal Corporate Investigations. Mr. McNeil is a Fellow of the American College of Trial Lawyers and a former Chair of the Litigation Section of the American Bar Association. 0308 The Chair of Munger, Tolles & Olson, Mr. Brian is a Fellow in the American College of Trial Lawyers and is recognized by both Chambers USA and Chamber Global as one of the top trial lawyers globally. In 2015-21016, he was named "Litigator of the Year" by The American Lawyer and a California Lawyer Attorney of the Year for his trial victory for Transocean in the massive MDL litigation in New Orleans arising from the explosion of the Deepwater Horizon. He also represented MGM Resorts in the thousands of cases arising from the 2017 terrorist shooting at the Mandalay Bay Hotel that killed 58 people and maimed hundreds more. For 20 consecutive years, Mr. Brian has been named to the Daily Journal's "Top 100" list of lawyers in California. Ms. Demsky is a litigation partner with Munger, Tolles & Olson LLP whosepractice is focused on internal investigations, complex commercial cases, andwhite-collar defense. Ms. Demsky often is called upon to handle challenginginternal 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 publiclytraded companies and defense contractors with overseas subsidiaries or operations. Ms. Demsky is an experienced trial lawyer who represents a broad rangeof clients in federal and state courts nationwide and has handled a number ofcivil litigation matters with parallel government investigations or proceedings.She was recognized as colead counsel on a defense trial victory that was namedamong The Daily Journals Top Verdicts of 2016. Ms. Demsky graduated fromYale 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 beforejoining Munger Tolles in 1998.