Enforcement Inquiries and Investigations: The Proactive GC, Choosing Outside Counsel, Cooperation Credit, and Working with Independent Auditors

Session 1: The Proactive General Counsel - They don’t have a crystal ball to foretell future, but a proactive general counsel draws on skills and experience to identify and prevent risks before they occur, including the risk of regulatory and enforcement issues. This discussion highlights the strategies and efforts that CLOs and GCs use to, first, prevent problems that could give rise to enforcement inquiries and, second, how to proactively address them and evaluate scenarios to reduce the exposure and impact if a government inquiry should occur. 

Session 2: Staffing and Scoping Internal Investigations: Choosing Outside Counsel and Other Key Decisions at the Outset of an Internal Investigation - The foundation for any well-run internal investigation rests on several key decisions made at the outset. Once made, they can be difficult, if not impossible, to change. A shaky foundation can lead others to criticize the reasonableness of the investigation’s processes and results, which can lead to difficulties with outside auditors, regulators and other stakeholders. This session addresses many of those issues, and others, to ensure an investigation gets started on a solid footing.

Session 3: Cooperation Credit: Illusion vs. Reality - What do companies and individuals under government investigation need to know about the pros and cons of cooperating, and what does “cooperation credit” really mean, anyway? This panel explores whether cooperation can be a reliable strategy when dealing with the DOJ or SEC, insights on how to approach and advocate for cooperation credit, and what type of cooperation has (or has not) been credited in some recent government actions.

Session 4: The General Counsel and the Independent Auditor - Hear tips for legal departments in interacting with independent auditors during an investigation—when do you disclose information, how do you speak with "one voice" with an auditor, and more.

Includes: Video Audio Paper Slides No Materials