transcript   Transcript

Conducting the Internal Investigation

Recorded on: Jun. 27, 2018
Running Time: 01:31:42

Full Transcript:

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Taken from the Web Program Internal Investigations 2018 Recorded June 2018 in New York

Conducting the Internal Investigation [01:31:42]

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

Richard J. Morvillo (Panel Leader); Steven L. D'Alessandro, Thomas A. Hanusik, Anne Murray, Holly H. Weiss

The purchase price of this Web Program segment includes the following article from the Course Handbook available online:
  • Cooperation Credit, Ethical Implications, Privilege and Upjohn Warnings
    Thomas A. Hanusik
  • Mark D. Pollack, Emily L. Seymore, Michael C. Whalen and Nathan Grossman, Conducting Effective Internal Investigations: Practice Pointers and Privilege Considerations
    Mark D. Pollack
  • Dodd-Frank Whistleblower Protections and Implications for Internal Investigations, Policies and Procedures (March 6, 2018)
    Holly H. Weiss
  • Melinda Haag and Rachel Muoio, Cooperate and Risk Waiver? Balancing the Benefits of Government Cooperation with the Risks of Privilege Waiver in Conducting Internal Investigations (April 10, 2018)
    Melinda Haag
Steven L. D'Alessandro ~ Managing Director, JPMorgan Chase & Co
Thomas A. Hanusik ~ Crowell & Moring
Richard J. Morvillo ~ Orrick Herrington & Sutcliffe LLP
Anne Murray ~ Orrick Herrington & Sutcliffe LLP
Holly H. Weiss ~ Schulte Roth & Zabel
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