On January 24, 2008, Caz Hashemi of Wilson Sonsini Goodrich & Rosati, PC gave a talk in
When conducting an investigation, there is the issue of who should conduct the investigation. The conservative approach for some investigations is for an independent outside counsel to review so that there is credibility in the investigation so that there are less likely to be enforcement actions against a company.
In investigative findings, the Board of Directors should have independent in order to maintain the integrity of the investigation.
Former employees do not have incentive to be interviewed at internal investigations. One attorney said that they might as well speak directly to the government.
Interview memos may be discoverable, but gives the audit committee updates on the investigations. Writing reports may need to be reviewed by outside counsel. The reports need to be true, and may be discoverable.
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