Conducting an Efficient and Effective Internal Investigation (Including 1hr. of Ethics)

Mayra C. Suárez
Jennifer Z. Gindin
Kiersten Whitfield
Cari Sheehan
Mayra C. Suárez | Skadden, Arps, Slate, Meagher & Flom LLP
Jennifer Z. Gindin | Quinn Emanuel Urquhart & Sullivan, LLP
Kiersten Whitfield | Quinn Emanuel Urquhart & Sullivan, LLP
Cari Sheehan | IU Kelley School of Business

On-Demand: August 1, 2024

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2 hour CLE
Tuition: $195.00
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Program Summary

Session I - Conducting an Efficient and Effective Internal Investigation – Mayra C. Suárez, Jennifer Z. Gindin, Kiersten Whitfield

This session will cover the nuts and bolts of how to conduct an efficient and effective internal investigation. The presenters will discuss essential steps to take at the outset of the investigation, how to maintain privilege throughout the investigation, and how to successfully bring the investigation to a close. The session will also cover important considerations regarding voluntary disclosure decisions and will highlight recently announced whistleblower programs. The presenters will also note key differences between conducting an internal investigation and a government-facing investigation.

Key topics to be discussed:

  • Conducting a privileged investigation
  • Remediation
  • Disclosure considerations
  • Internal investigations versus government-facing investigations

Session II - The Cost of Unethical Behavior: Attorneys in hot water - Cari Sheehan

Ethics and discipline - OH MY! Did you know that attorneys need to stay ethical, or they could lose their law license? Whiles ethics is not overly emphasized in law school it is a key area of concern for practicing attorneys. This session will discuss civility throughout the ages of the legal profession, current initiatives, and ways in which you can stay civil in your practice. This session will go through real-life case scenarios and how our behavior can trigger professional discipline under the Rules of Professional Conduct.

Key topics to be discussed:

  • Discussion of civility and professionalism initiatives throughout the ages
  • Discussion of the rules of professional conduct, rules 8.4, 1.2, 1.3, and 1.4
  • Tips and tricks on how to handle difficult clients and opposing counsel
  • Case studies on attorneys in hot water!

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Mayra C. Suarez_Skadden_FedBarMayra C. Suárez | Skadden, Arps, Slate, Meagher & Flom LLP

Mayra Suárez’s litigation experience includes conducting internal investigations on behalf of U.S. and foreign corporations, audit committees and individuals in the U.S., Europe and Latin America. Ms. Suárez has defended clients in connection with allegations of unlawful antitrust practices and in investigations by the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) related to the Foreign Corrupt Practices Act (FCPA). Ms. Suárez advises clients on improvements to their compliance policies and procedures.

Some of her representations have included: Conducting several internal investigations on behalf of the audit committee of a multinational company in the health care sector relating to improper business practices and accounting irregularities, including issues arising under the FCPA. Representing a public company in a criminal and civil investigation by the DOJ’s Antitrust Division and state attorneys general. Advising companies in the health care and construction sectors regarding internal investigations and developing and enhancing their compliance programs. Representing a company in arbitration concerning a dispute relating to the termination of an agreement. Representing a multinational media corporation in connection with investigations related to government contracts Ms. Suarez previously served as a fellow in the Leadership Council on Legal Divers.

 

Jennifer Z. Gindin_Quinn Emanuel Urquhart & Sullivan LLP_FedBarJennifer Z. Gindin | Quinn Emanuel Urquhart & Sullivan, LLP

Jen Gindin is Of Counsel in Quinn Emanuel’s Washington, D.C. office. Jen represents companies, boards of directors, and executives in connection with white collar criminal matters, complex government enforcement actions, regulatory investigations and enforcement proceedings, internal corporate reviews, and civil litigation. Jen’s practice focuses on domestic and international matters involving allegations of corruption and bribery, money laundering, sanctions and export control violations, health care fraud, and the False Claims Act. Prior to joining the firm, Jen worked at another law firm in Washington, D.C. and clerked for the Honorable Janis L. Sammartino, U.S. District Court for the Southern District of California. Before law school, Jen spent two years as an Honors Paralegal in the Fraud Section of the U.S. Department of Justice, Criminal Division.

 

Kiersten Whitfield_FedBarKiersten Whitfield | Quinn Emanuel Urquhart & Sullivan, LLP

Kiersten Whitfield is an associate in Quinn Emanuel’s Washington, DC office. She joined the firm as an associate in 2022 after working as a summer associate in 2021. Her practice focuses on investigations, government enforcement, and white collar criminal defense.

 

Cari Sheehan_FedBarCari Sheehan | IU Kelley School of Business

Cari Sheehan plays a pivotal role in guiding attorneys through the complex landscape of legal ethics. She meticulously identifies and resolves conflicts of interest, ensuring that the Firm’s operations remain ethically sound. Her responsibilities also extend to coordinating the resolution of any legal ethical issues that arise, requiring her to have an in-depth understanding of legal ethics and a keen ability to navigate intricate situations. Sheehan also implements protocols and procedures that are in strict accordance with the applicable rules of professional conduct. Beyond her vital contributions to the Firm, Sheehan is a highly respected figure in the legal community. She is a sought-after speaker, frequently invited to present at continuing legal education seminars both locally and nationally. Her seminars cover a wide range of legal ethics topics, reflecting her extensive knowledge in the field. Her ability to communicate complex ethical principles in an engaging and accessible manner makes her presentations invaluable to legal professionals seeking to deepen their understanding of ethics.

In addition to her speaking engagements, Sheehan serves as an adjunct professor at the Robert H. McKinney School of Law, where she teaches Professional Responsibility. She has also taught courses in business ethics and business law during her tenure as an Assistant Clinical Professor of Business Law and Ethics at the Kelley School of Business. Furthermore, Sheehan regularly contributes to the Res Gestae with insightful articles on ethics and the law. Her writings offer a nuanced perspective on contemporary ethical issues, providing valuable guidance to legal practitioners. In all her roles, Cari Sheehan demonstrates a profound dedication to upholding and promoting the highest standards of legal ethics, making her an invaluable resource to the Firm, the legal community, and the broader field of law.

Agenda

Session I – Conducting an Efficient and Effective Internal Investigation | 10:00am – 11:00am

  • Conducting a privileged investigation | 10:00am – 10:15am
  • Remediation | 10:15am – 10:30am
  • Disclosure considerations | 10:30am – 10:45am
  • Internal investigations versus government-facing investigations | 10:45am – 11:00am

Break | 11:00am – 11:10am

Session II – The Cost of Unethical Behavior: Attorneys in hot water | 11:10am – 12:10pm

  • Discussion of civility and professionalism initiatives throughout the ages | 11:10am – 11:25am
  • Discussion of the rules of professional conduct, rules 8.4, 1.2, 1.3, and 1.4 | 11:25am – 11:40am
  • Tips and tricks on how to handle difficult clients and opposing counsel | 11:40am – 11:55am
  • Case studies on attorneys in hot water! | 11:55am – 12:10pm
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