Our Practice
Corporations increasingly find themselves in situations where outside counsel is needed to conduct or to assist with internal investigations. There are any number of reasons such investigations become necessary - - officer, director or shareholder concerns, whistleblower or qui tam complaints, governmental inquiries and compliance issues, or even findings from routine audits. We understand that internal investigations of potentially sensitive situations must be conducted in a thorough manner to resolve any issues and then withstand all subsequent scrutiny, but yet we believe that most investigations may be conducted in a way that does not disrupt the corporation’s ongoing business operations.
Our Experience
Snell & Wilmer has substantial experience representing corporations, boards of directors, audit committees, special committees and individual officers and directors with respect to internal investigations of acts of potential wrongdoing or failures of regulatory compliance. We understand that our clients need to have these issues handled in a timely, smart, ethical and often confidential manner. Further, we recognize that we are often retained when clients are in need of counsel who can operate with independence and objectivity and with the capacity to assist with any and all governmental reporting or other activities that may result from an investigation.
Our effectiveness in conducting investigations and handling post-investigation issues is bolstered by Snell & Wilmer’s long track record of developing strong compliance programs for a broad range of corporations. We understand the importance of compliance training and reporting mechanisms to allow companies to self-regulate.
Snell & Wilmer’s ability to move quickly to investigate an expansive range of whistleblower or regulatory complaints also is enhanced by the strength of our firm’s extensive corporate regulatory and litigation practices. We have experience with state and federal regulatory issues ranging from corporate securities and disclosure issues to tax-specific claims of misconduct cutting across various regulatory fields. We draw upon our deep experience in investigations to assist our clients to successfully understand and resolve issues as regulatory issues arise.
It is difficult to tout the significant experience Snell & Wilmer has with respect to internal investigations and compliance issues, as the anonymity of the entities and individuals involved is often essential. Thus, the following representative case descriptions are intentionally general with respect to work performed, those represented and the significant results achieved.
- Representation of multi-national corporation in compliance testing for anti-trust and employment issues in 20+ countries.
- Representation of Fortune 500 corporations and Audit Committees in internal investigations involving stock option backdating allegations.
- Representation of Fortune 500 corporation in matter involving potential restatement of financial disclosures in excess of $50 million arising from possible unclaimed property and escheatment issues.
- Representation of board of directors in whistleblower investigation relating to allegations of executive self-dealing and potential sexual misconduct.
- Representation of Fortune 500 corporation in investigation of affiliate’s potential violation of policies related to the purchase and sale of real estate involving related parties.
- Representation of outside directors in investigation of officer's alleged regulatory noncompliance.
- Representation of special committee in investigation of executive self-dealing and violations of stock issuance policies.
- Representation of multiple Fortune 500 corporations in structuring, monitoring and training related to compliance programs.
- Representation of corporations in structuring, monitoring and training related to policies addressing Foreign Corrupt Practice Act issues.
- Representation of corporation in investigation of allegations arising from qui tam complaint related to public-private partnership.
- Representation of Fortune 500 corporation in investigation of allegations related to qui tam complaint related to mortgage related practices.
- Representation of corporation with respect to False Claims Act allegations and DOJ inquiries.
Our internal corporate investigation and regulatory compliance team is broad – spanning our offices and practice areas – and seasoned through its extensive experience with the SEC, DOJ and other federal and state regulators as well as major auditing firms, forensic accountants and other experts often involved in investigation work. If criminal counsel becomes necessary, we work in conjunction with our white collar crime group. Success, however, often comes in avoiding potential crisis scenarios by acting promptly, ethically and thoroughly to assist corporations and those who make them run to self-monitor and resolve issues properly so that third-party intervention is not required.
