In an effort to bolster corporate compliance programs, companies are stepping up their internal investigations programs. The most effective solutions aim to identify the most critical compliance problems and risks. In a two-hour LIVE Webcast organized by the Knowledge Group, a team of experts and thought leaders will examine the following issues with respect to internal investigations:
- How can companies map out internal investigations in the most effective and efficient manner?
- What are the proper steps and conditions?
- Who’s in charge of investigations? Who’s on the team?
- How can companies measure the impact of internal investigations on their compliance programs?
The Knowledge Group will gather experts and key practitioners to explain the key concepts of this program. Towards the end of the webcast, participants will be given the chance to ask questions, live. Reserve your slot now by clicking “Register” below. Advanced registration is recommended as enrolment is limited for this course.
Course Level: Intermediate
Prerequisite: None
Method Of Presentation: Group-Based-Internet
Developer: The Knowledge Group, LLC
Recommended CLE/CPE Hours: 2.0
Important Note: Your State Bar or Accounting Board will make the final determination with respect to continuing education credit. If you are applying for CLE credit in Texas you must register 20 days before the event date or you will not be able to obtain CLE credit.
Advance Preparation: Print and review course materials
Course Code: 103947
Walter G. Ricciardi
Partner, Litigation Department, New York Office
Debra Baker
Principal, Forensic & Dispute Services
Kristin Rivera
Partner
Jordan A. Thomas
Assistant Chief Litigation Counsel, Division of Enforcement--Trial Unit
Walter G. Ricciardi, Partner, Litigation Department, New York Office, Paul, Weiss, Rifkind, Wharton & Garrison LLP
I. Introduction of the speakers.
II. What triggers internal investigations? Whistle blowers, accounting errors or irregularities, news media, internal auditors, outside auditors, regulators.
III. Who should perform an internal investigation? Internal auditors, internal counsel, the company's regular outside counsel, "independent" counsel -- the role of forensic assistance.
IV. Who should supervise the investigation? Internal audit, management, the board, the audit committee, a special committee of the board.
V. What is a reasonable scope? Time period, document custodians, document collection, interviews.
VI. What is the role of the independent auditors in connection with an internal investigation? Section 10A added by the PSLRA, the concept of "shadowing" the internal investigation by the auditors.
VII. How do you resolve the tension between performing an internal investigation and maintaining privilege? The doctrine of selective waiver, the regulator's viewpoint -- are waivers of privilege rewarded by regulators?
VIII. Are written reports a best practice or required? What are the implications of written reports versus oral reports?
IX. What are the implications for the new SEC cooperation policy? How will such factors as assistance provided by the individual, importance of the underlying matter, interest in holding the individual accountable, and profile of the individual be balanced?
X. What are the implications for the new SEC cooperation tools? Cooperation agreements, deferred prosecution agreements, and non-prosecution agreements.
XI. What special issues are raised in international internal investigations? Privacy rules, state secrets, regulatory cooperation.
XII. What types of remedial recommendations flow from the conclusion of an internal investigation? Personnel action -- what standard should be applied? Internal control enhancements -- the importance of follow up.
Kristin Rivera, Partner, PricewaterhouseCoopers
- Step 1: Make a preliminary assessment regarding who in the organization may have been involved or have knowledge of the alleged misconduct.
- Step 2: Consider the quality of preliminary information provided
- Step 3: Assess possible quantitative and qualitative materiality
- Step 4: Consider specialized expertise
- Step 5: Consider logistical matters such as timing, location of work and required language skills
- Step 6: Consider the perspective of other constituents such as external auditors, regulators etc.
- Step 7: Based on all the information, perform a cost benefit analysis to determine whether internal or external resources are best suited to conduct the investigation.
Debra Baker, Principal, Forensic & Dispute Services, Deloitte Financial Services LLP
- Unanticipated costs that arise during an investigation and how to control
- Working effectively with external auditors (shadow investigations)
- Common issues encountered during internal investigations
** Speaker Agenda to be added soon.. **
- CEOs and Other C-level Executives
- Boards of Directors
- Audit Committees
- General Counsel
- Senior Executives of Financial Institutions
This is a must attend event to everyone to hear the latest updates on Internal Investigations for Compliance Programs
- Detailed guidance explained by the most qualified key leaders & experts
- Hear directly from key regulators & thought leaders
- Interact directly with panel during Q&A