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Independent Corporate Investigations
In this age of regulatory and prosecutorial focus on corporate compliance, companies increasingly are relying on special outside counsel to conduct internal investigations into potential wrong-doing. Sometimes, these investigations are prophylactic: A company may want to understand the consequences of its current hiring prac-tices so it can develop standard operating procedures to better ensure compliance with anti-discrimination laws. Because this sort of pro-active, self-reflective investigation generally proceeds in the absence of outside scrutiny, counsel has the time and space to conduct a deliberate investigation.
Other times, outside counsel are retained to investigate suspicions or allegations of wrongdoing by or within the company. These investigations may proceed under a growing threat of ' or pursuant to ' government inquiry and rising investor and employee fear and confusion. One of the company's primary goals in retaining investigatory counsel is to conduct a fair, thorough and complete investigation so it can assure investors, regulators and employees that it has discovered the extent of any problems that exist and has a plan not only to correct them but to prevent their recurrence.
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