Internal Investigations - Lessons for Counsel
Your organizational client has just received an internal complaint – perhaps allegations of a hostile work environment have surfaced, or an employee has come to the general counsel complaining that the company is engaged in illegal activities. The client approaches you, outside counsel, for advice on how best to conduct the internal investigation. Who should conduct the investigation? How should it proceed? Can the investigation itself be protected by the attorney-client privilege in the event of ensuing litigation? If so, how? Understanding the best way to counsel your client when faced with these questions has become increasingly challenging with recent current events and court decisions. Does the reason for the investigation make a difference? Is the privilege more likely to protect the communications if in-house counsel conducts the investigation? Is the involvement of outside counsel a critical factor?
In this CLE, we will:
- Look at recent events that have brought these issues into the headlines.
- Examine the Rules of Professional Conduct that may inform the advice you provide to your client.
- Highlight factors you should take into consideration when advising as to whether in-house counsel or outside counsel is best suited to conduct the internal investigation.
- Discuss best practices in conducting these often highly sensitive investigations, as well as lessons learned from those in the trenches.
Our presenters will be:
- Hope A. Comisky, Partner, Pepper Hamilton LLP
- Amy C. Foerster, Partner and Co-chair of Higher Education Practice Group, Pepper Hamilton LLP
- Kristin H. Jones, Partner, Pepper Hamilton LLP
Our faculty also includes:
- Jessica Kozlov Davis, Director of Professional Responsibility, Pepper Hamilton LLP
The program is approved for one (1) MCLE Ethics credit in California, New Jersey (through reciprocity), New York, and Pennsylvania. Credit for other jurisdictions may be available upon request.
In-person in Philadelphia and live simultaneous videoconference available in the following Pepper Hamilton offices: Berwyn, Boston, Detroit, Harrisburg, Los Angeles, New York, Orange County, Pittsburgh, Princeton, Rochester, Silicon Valley, Washington, D.C., and Wilmington.
Location
Pepper Hamilton
3000 Two Logan Square
Eighteenth and Arch Streets
Philadelphia, PA 19103-2799
Registration
There is no cost to register.