January 11, 2023
In this recorded webcast, Gibson Dunn provides an in-depth discussion of the latest trends and hot topics in internal investigations. The webcast covers recent developments around maintaining privilege during investigations – including a discussion of In re Grand Jury, which the Supreme Court has agreed to hear and that could reshape the law applicable to mixed business and legal, or “dual-purpose” communications – as well as best practices for conducting internal investigations via video-conference in a post-COVID world. We also dive deep into thorny questions of how to structure and conduct an investigation, including who at the company should be involved, how quickly investigations should be completed, what should and should not be shared with Executive Branch agencies, and when to provide separate counsel for employees. Finally, we also discuss the trends we are seeing from the government – including DOJ, SEC, FTC, Congress and state attorneys general – in terms of how they are conducting investigations and what they expect out of internal investigations.
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F. Joseph Warin is chair of the 250-person Litigation Department of Gibson, Dunn & Crutcher’s Washington, D.C. office, and he is co-chair of the firm’s global White Collar Defense and Investigations Practice Group. Mr. Warin’s practice includes representation of corporations in complex civil litigation, white collar crime, and regulatory and securities enforcement – including Foreign Corrupt Practices Act investigations, False Claims Act cases, special committee representations, compliance counseling and class action civil litigation.
Michael Bopp is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He chairs the Congressional Investigations Subgroup and he is a member of the White Collar Defense and Investigations Crisis Management Practice Groups. He also co-chairs the firm’s Public Policy Practice Group and is a member of its Financial Institutions Practice Group. Mr. Bopp’s practice focuses on congressional investigations, internal corporate investigations, and other government investigations.
Laura Jenkins Plack is a senior associate in the Denver office of Gibson, Dunn & Crutcher. Ms. Plack is a member of the firm’s Litigation Department, with an emphasis on white collar defense and investigations and complex commercial litigation. Ms. Plack represents companies and executives in federal and state court, and before the U.S. Department of Justice, the U.S. Securities and Exchange Commission, the U.S. Federal Trade Commission, congressional committees, and various international authorities.
Reid Rector is a senior associate in the Denver office of Gibson, Dunn & Crutcher, where he is a member of the firm’s Litigation Department. His practice focuses on government investigations and litigation with DOJ, the FTC, and state attorneys general for companies in the health care and technology industries, including health care fraud and abuse investigations, data security and consumer protection investigations, and related complex civil litigation and class actions.
MCLE CREDIT INFORMATION:
This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hour, of which 1.0 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.
Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact CLE@gibsondunn.com to request the MCLE form.
Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour.
California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.