Corporate Internal Investigations Lawyer

Even the best run businesses will have to face serious internal problems. Responding usually involves a multi-step strategy, but it almost always involves conducting a well-designed internal investigation. This is a critical step in developing an effective response when a company or organization faces allegations of wrongdoing or improper internal conduct from employees, whistleblowers, clients, business partners, law enforcement, government agencies, or third parties. Our San Francisco-based team of experienced corporate and white collar defense attorneys understand the importance of effective, discreet investigations.

An internal investigation requires an objective and fair assessment of what happened. Not all attorneys are well positioned to do this. As former prosecutors with years of experience representing clients in the private sector, the attorneys at Delahunty & Edelman LLP are able to draw on their experience and training in conducting such investigations. They have extensive experience conducting complex investigations into insider trading, market manipulation, money laundering, Foreign Corrupt Practices Act violations, embezzlement, healthcare fraud, tax fraud, shareholder fraud, accounting fraud, improper employment practices, executive compensation issues, misconduct in procurement and award of contracts, and more. For the same reason, they are able to provide clear-eyed advice as to when government entities should be notified about the results of an internal investigation, and also advise when such a step is not required. This particularly helpful to our clients in California facing substantial regulatory oversight.

We also help clients uncover wrongdoing against them within their organization, like theft of assets and other potential employee actions against the company.

Contemplating and Preparing for an Internal Investigation

Prior to commencing an internal investigation, business owners and leaders understandably experience many concerns.  They may ask themselves: how to conduct a proper investigation, who to inform, and who is best equipped to handle the investigation? The uncertainty of what an investigation might uncover and how to deal with the findings creates stress and can be distracting to the core mission of the business.

Our team is highly experienced in facilitating and conducting internal investigations for companies in a wide range of industries. We counsel clients on they key questions that arise in such circumstances.  Such as whether an investigation is needed, if board members must be informed prior to the start of an investigation, who in the company should be privy to the details of the investigation, whether counsel should be present for employee interviews, and other common concerns. 

We also advise on some of the potential legal and financial risks of failing to conduct the investigation. Finally, depending on the nature of the concern, we will also advise on the path forward toward compliance and risk mitigation, if an issue is revealed.

How are Internal Investigations Conducted with Outside Counsel?

Internal investigations are typically complex, multi-faceted, and unique to the company and issues at hand. Hiring outside counsel to consult on or conduct an internal investigation has many advantages including the value of expertise, neutral and unbiased findings and conclusions, and an increased appearance of a fairness and impartiality.

At Delahunty and Edelman LLP, our team of former federal prosecutors are highly skilled at conducting effective and efficient internal investigations for our clients. Our approach and involvement in an internal investigation may include:

• Facilitation of forensic accounting
• Collection of physical evidence and testimony
• Liability assessment
• Root cause assessment
• Damage assessment
• Damage mitigation
• Financial reporting
• Remediation recommendations and implementation
• Disclosure assistance

Following an internal investigation, we counsel our clients on the best strategy to move forward with compliance, liability mitigation, and protection of reputational and financial interests. We also help our clients execute those strategies in an effective and cost-efficient manner.

Voluntary Disclosure and Compliance Policies

Part of the counsel we provide through internal investigations may involve weighing the pros and cons of voluntary disclosure to authorities when applicable, as well as auditing, creating, and amending relevant corporate policies and disclosures to ensure future compliance.

When an investigation reveals wrongdoing or legal violations that require reporting to law enforcement or a government agency, Delahunty & Edelman LLP will counsel you through the side effects of disclosure, legal risks of non-disclosure, how to properly report the information, and strategies to mitigate your legal liability in the process.

When investigations reveal a lack of or ineffective internal company compliance policy, we will help you to identify these shortcomings and implement policies that remedy the issues.

A Focus on Discrete, Effective Investigation

At Delahunty & Edelman LLP, we understand the importance of discretion in internal investigations, aiming to minimize employee and third-party awareness and maintain confidentiality throughout the process. Located in San Francisco and serving clients across California and in Federal Courts nationwide, we prioritize resolving these matters efficiently while ensuring information is shared strictly on a need-to-know basis.

With years of experience in law enforcement and federal prosecution of white-collar crimes, our attorneys are well-equipped to manage internal investigations with minimal impact on business operations and reputational concerns.

Contact us today at (415) 891-6210 for a confidential consultation of your case. We would be happy to speak with you about how we can help your organization achieve compliance and mitigate your legal liabilities.