Category Archives: internal investigation

Outsourcing DOJ Investigations?

Posted on May 7, 2019 by

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 →

Posted in DOJ policy and practice, internal investigation | Leave a comment

Upjohn Warnings from Both Sides of the Table

Posted on March 30, 2017 by

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 →

Posted in Attorney client privilege, internal investigation, Obstruction | 2 Comments

A Podcast About Representing Executives in Internal Investigations Featuring . . . Me

Posted on November 15, 2016 by

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 →

Posted in internal investigation, Joint Defense Agreements | Tagged | Leave a comment

What To Do With Notes from an Internal Investigation? Court Says Big Firm’s Methods Were “Gamesmanship”

Posted on January 5, 2016 by

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 | 1 Comment

When Criminal Law and the First Amendment Meet: Can Internal Investigation Reports Be Defamation?

Posted on October 8, 2014 by

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 →

Posted in FCPA, internal investigation | Tagged , | 1 Comment