Corporate investigations—both those initiated internally and
those resulting from government regulatory enforcement activity—
are a growing part of legal practice. These investigations
often seem to take on a life of their own, lasting for years, costing
millions (or tens of millions) of dollars, and significantly disrupting
day-to-day business activities. With increasing frequency,
these investigations also lead to various types of civil actions,
resulting in yet more cost and business disruption.
While there is no single right way to handle corporate investigations,
several significant issues recur and can be considered
and addressed in ways that bolster the odds of a better outcome.
This article examines five such issues: the structure of the investigation,
privilege concerns, managing data, public disclosures
and investigation resolution papers, and follow-on civil litigation.
Published in Litigation, Volume 41, Number 3, Spring 2015. © 2015 by the American Bar Association.