On May 4, 2006, Katherine Schuelke, Vice President and General Counsel, Altera Corporation, gave a discussion on this topic. Her PowerPoints indicate that the attorney takes part in deciding whether to investigate, conducting the investigation, retaining documents, and managing communications on the subject.
Whether to investigate depends on the type of allegations, who raised the concerns, and who is involved in the activity, including internal and external parties.
Who to conduct the investigation, such as whether it should be someone external or internal, depends on independence and knowledge. Since in-house attorneys represent the company, a company’s board of directors and committees, and employees should be reminded of their authority to retain their own attorneys.
In order to prepare for electronic discovery, improve records retention practices by understanding IT systems, and training employees on document creation and data privacy laws.
Coordinate communications on investigations when presenting to the press, insurers, employees, board of directors, customers, and shareholders.
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