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Recent Posts
- Did the Fourth Circuit Just Outlaw Taint Teams? Nope, But It Threw Up Some Roadblocks
- Another Insider Trading Court Decision: Making Life Easier for the Government
- Year End Review: Big Firm News and the 5 Most Popular Posts in 2019 (Yours and Ours)
- Congress Tackles Insider Trading
- Michael Cohen’s Sentencing Reduction Request Reveals the Minuscule Bargaining Power of a Cooperating Defendant
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Category Archives: internal investigation
Outsourcing DOJ Investigations?
By Dan Portnov Last week, the government moved one tiny step closer to being able to “outsource” its criminal investigations to non-DOJ actors. In a post-trial order, Southern District of New York Chief Judge Colleen McMahon excoriated the government for … Continue reading
Upjohn Warnings from Both Sides of the Table
I recently participated on a panel at the excellent NACDL White Collar Defense College with Ellen Brotman, Preston Pugh, Brian Bieber and Cynthia Orr. The College aims to teach lawyers how to handle white-collar cases from start to finish. We … Continue reading
A Podcast About Representing Executives in Internal Investigations Featuring . . . Me
Sometimes I’m asked whether this blog has led to clients. That’s a hard question to answer. The simple answer is probably no. I don’t write this blog for SEO purposes, and I don’t write it for the person-on-the-street. Most of … Continue reading
What To Do With Notes from an Internal Investigation? Court Says Big Firm’s Methods Were “Gamesmanship”
When I was a brand-new associate at a big firm, I volunteered to work on an internal investigation into accounting irregularities at a public company. I knew nothing about internal investigations. Before we started interviewing employees, a partner explained the … Continue reading
Posted in Attorney client privilege, internal investigation, Uncategorized
Tagged Bridgegate
1 Comment
When Criminal Law and the First Amendment Meet: Can Internal Investigation Reports Be Defamation?
At the end of an internal investigation, outside counsel frequently prepares a written report. That written report may be for the Board of Directors only or it may be passed along to the Department of Justice. In the report, the … Continue reading
