Practice/Industry Group Overview
Internal Investigations Group: A proactive approach to resolving sensitive matters
In today’s business regulatory environment, even the most responsible corporate citizens may be confronted with allegations that could pose potential, serious criminal and/or civil exposure. In the pervasive civil and criminal regulatory environment confronting business today, being prepared to protect the business in a proactive manner should be part of the modern business model. Peckar & Abramson’s Internal Investigations Group is proficient at performing internal investigations that serve to protect businesses by:
- Detailing any immediate issues as well as any underlying causes
- Helping devise strategies to resolve matters as quickly and discreetly as possible
- Identifying any areas in the client’s compliance and auditing procedures that could be perceived as inadequate by civil and/or criminal regulators
- Proactively protecting a client’s ongoing business operations
Working for a quick resolution and prevention of future issues
It pays to be proactive in addressing any matter, whether internal or external to the corporation, which may be perceived by civil or criminal regulators as even potentially constituting “misconduct” or a breach of the corporation’s policies, procedures, or standards of business conduct. Changes in laws and policies, including Sarbanes-Oxley and the False Claims Act (to name but two), have brought about new obligations and incentives for companies to police themselves. But these investigations must be carried out carefully. The scope of the review, the manner in which the review is conducted, and any recommendations for corporate action that may result are all crucial parts of the process by which the business model is protected.
Most importantly, Peckar & Abramson’s approach carefully preserves attorney-client and work product privileges while working to fully advise clients about all of the ramifications. This fundamental and defining approach enables the client to consider its interests fully and discreetly so that optimum business protection is achieved.
Our approach is also flexible and takes into account the needs of the client, the scope and nature of any issue being reviewed, and what our experience has been with the potential perceptions of the regulatory community and the risk that entails.
Our Internal Investigations Group knows how to quickly gauge the nature and extent of any matter and its potential “regulatory profile” and thus can provide advice where immediate action may be required—as well as advice that is more long-term in nature. Most importantly, our approach is dedicated to working with corporate management in a manner that addresses the situation in a cost-efficient way which enables management to maintain its primary focus upon running the business.
We have helped clients in matters involving:
- Allegations of civil or criminal fraud
- Civil litigation
- Issues that may implicate conduct which could be perceived by regulators as potentially criminal in nature
- Compliance issues, including compliance with internal corporate rules and procedures as well as with governmental and quasi-governmental rules and regulations
- Document examination and retention
- Employee interviews
- Background checks of prospective individual and corporate partners;
- Financial audits, including checking for adherence to government auditing standards
Discretion, speed and a sensitive approach
The investigations undertaken by our Internal Investigations Group are conducted in a targeted manner, with professional discretion and care. The ultimate goal is to protect our clients’ business operations. We accomplish this with a multidisciplinary approach, involving all of the practice areas in which Peckar & Abramson lawyers are well versed and knowledgeable.
We understand that these matters are very sensitive. We work to examine any past conduct while searching for, and ultimately recommending, proactive remedial measures. Our underlying commitment is not just to detail and address individual issues as they arise, but to provide the client with comprehensive guidance to help prevent reoccurrence. This is the approach that not only addresses the current matter, but protects the client going forward in a manner that addresses risk, saves time and money, and advances the protection of the client’s business model.