Corporate Governance and Investigations

As the Department of Justice has observed, "compliance programs are established by corporate management to prevent and to detect misconduct and to insure that corporate activities are conducted in accordance with all applicable criminal and civil laws, regulations, and rules." A voluntary compliance program that is properly implemented and enforced will, in the words of the Inspector General of the Department of Health and Human Services, "identify and treat small problems before they become big problems."In that fashion, they can "significantly reduce the risk of unlawful conduct and any penalties that result from such behavior."

Where improprieties in corporate activities are brought to the attention of management, our attorneys work with management to assess the nature of the problem and structure a plan to address it.We have experience representing both the corporation itself or, where there are conflicts of interest, individual officers and/or directors.

Our attorneys work with corporate officers and directors to craft policies and procedures for the lawful operation of the company. We can establish compliance programs that will be implemented and enforced to prevent and detect misconduct. Where necessary, our attorneys are experienced in conducting internal investigations with due sensitivity to the company's ongoing business operations, appropriate knowledge of the applicable law, and an understanding of the options available to address the conduct at issue. When such an investigation indicates grounds for concern, we work with the necessary corporate representatives to determine the most prudent course of action to pursue. We understand the need to some times resolve a potential regulatory, civil, or criminal issue through negotiation and agreement, and we have the knowledge and experience to do so most effectively. Yet, where appropriate, our vast litigation background allows us to position the matter so that we may provide the most effective and zealous defense possible.