When a company faces the prospect of criminal or regulatory scrutiny, numerous issues often arise that require fast-moving decisions and assessments before a complete picture of the facts emerge. How companies and their boards of directors respond to signs of potential wrongdoing can significantly impact the ultimate outcome of a government investigation and related private civil litigation. Join our distinguished panelists as we discuss strategies and best practices for companies and their boards to follow and potential pitfalls to avoid. Key topics will include:
- How appropriately-scoped and managed internal investigations affect regulatory oversight and minimize collateral business consequences;
- The role and use of accounting, forensic, and other experts;
- Securities laws relating to the disclosure (or lack thereof) of allegations of senior management misconduct;
- What constitutes cooperation from the government's perspective and how it is assessed;
- Proactive actions and remedial measures to consider in crisis situations;
- Managing government investigations and private civil actions contemporaneously; and
- Indemnification and insurance issues and considerations.