Getting it Right: Conducting Internal Investigations

Catalog description

This course examines the law and practice of conducting internal investigations, a critical function in white collar criminal defense and corporate compliance. Students will study landmark cases involving internal investigations, including issues of attorney-client privilege, work product protection, corporate cooperation with the government, and the rights of individual employees. The course combines doctrinal study with practical skills workshops in which students will review and analyze documentary evidence, conduct witness interviews, prepare client presentations, and develop strategies for presenting findings to government regulators and prosecutors. The final assessment requires students to deliver a formal presentation of findings of fact and conclusions of law to the government, using both a PowerPoint presentation and oral advocacy. Throughout the course, we will address recurring tensions in investigation practice, including the challenges of Upjohn warnings, document preservation obligations, managing parallel proceedings, and navigating the evolving expectations of the Department of Justice and other government agencies. Elements used in grading: Class participation, performance in skills workshops, final presentation, and exam.