Ethical Internal Investigations: Protecting the Company, the Individual and Yourself

This program, taught by a panel of veteran litigators with a broad range of experience, will explore best practices in conducting internal investigations under conditions that limit travel and face-to-face contact. The course will also discuss different types of internal investigations, including those arising out of allegations of discrimination and harassment, and those driven by government enforcement actions; how to manage various stakeholders in these investigations; and how each scenario can provide opportunities for the individual’s counsel to ensure the best outcome for their client. The discussion of strategy for internal investigations will also be informed by developments in attorney-client and work-product privileges, Upjohn warnings, joint defense agreements, and “hot documents”.

This program will benefit attorneys who conduct internal investigations, as well as general counsel, labor and employment attorneys, and attorneys who practice white-collar criminal defense. 

Learning Objectives:

1. Identify the relevant Model Rules of Professional Conduct applicable to conducting internal investigations
2. Discuss the impact of the remote practice on the ethical conduct of internal investigations
3. Review best practices when advising corporate counsel as well as individual clients
4. Avoid ethical pitfalls when representing individuals and corporate boards