When Is An Internal Investigation Not Privileged?

April 16, 2014  |  The Insider: White Collar Defense and Securities Enforcement

Compliance programs have grown in importance along with the demands of new laws and regulations.  These programs are increasingly seen as vital to preventing corporate misconduct or, at least, mitigating sanctions if misconduct is found.

At the same time, company management needs to think through the scope of work assigned to compliance personnel, especially when questionable conduct is detected.  Under these circumstances, an important question should be addressed:  who should look into the misconduct – compliance staff or in-house or external legal counsel? [...]

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