Carl Jenkins and Norman Harrison Contribute Chapter to Corporate Investigations 2018 Journal

Managing Directors Carl Jenkins and Norman Harrison Explain Key Issues to Consider When Managing Corporate Investigations

Carl Jenkins and Norman Harrison, managing directors in the firm’s Disputes and Investigations practice, contributed a chapter titled, “Standard Issues in Corporate Investigations: What GCs Should Know” in the Corporate Investigations 2018 Journal. Published by the International Comparative Legal Guide, Corporate Investigations 2018 covers common issues in corporate investigations laws and regulations - including internal investigation, self-disclosure to enforcement authorities, investigation process, confidentiality and attorney-client privileges - in 23 jurisdictions

In the chapter, Jenkins and Harrison emphasize the importance for organizations to be proactive in confronting suspicions and view Investigations as a good risk management practice. With Investigations being unavoidable at any large corporation, General Counsels can expect a better outcome if investigative plans and procedures are in place. While each situation is unique, Jenkins and Harrison explain key factors that GCs should consider in developing internal compliance measures:

  • Strategy for investigation: Working with outside investigators and attorneys, the GC should maintain an ongoing summary of key issues, and should agree on a strategy for conducting the investigation.
  • Flexible approach: Effective investigations follow the facts wherever they lead.
  • Containment and confidentiality: There may be legal or other repercussions for the company if confidentiality is mishandled.
  • And addressing some best practices: Encouraging employees to speak up, establishing an incident management team, updating investigation policies in advance, among others.

The International Comparative Legal Guide series provides practical insight for general counsel, government agencies and private practice lawyers. Each subject-area guide is updated annually; Corporate Investigations 2018 covers common issues in corporate investigations laws and regulations - including internal investigation, self-disclosure to enforcement authorities, investigation process, confidentiality and attorney-client privileges.

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