This program will cover tips and best practices for conducting a privileged internal investigation, including how to maintain privilege in communications with third parties. The presenters will discuss how best to structure an internal investigation, including document collection and retention; company oversight of the investigation; and witness interviews. The program will also cover remediation-related considerations, such as personnel decisions and compliance program enhancements.
Key topics to be discussed:
Conducting a Privileged Internal Investigation
Communicating with Third Parties While Maintaining Privilege
Date: July 10, 2023
Mayra C. Suarez | Skadden
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 an arbitration concerning a dispute relating to the termination of an agreement; and
Representing a multinational media corporation in connection with investigations related to government contracts
Jennifer Z. Gindin | Quinn Emanuel Urquhart & Sullivan LLP
Jennifer Gindin is Of Counsel in Quinn Emanuel’s Washington, D.C. office. She joined the firm’s Investigations, Government Enforcement & White-Collar Criminal Defense Practice in 2022. Ms. Gindin 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. Ms. Gindin’s practice focuses on domestic and international matters involving corruption and bribery, U.S. economic sanctions and embargo issues, health care fraud and consumer protection laws.
Prior to joining the firm, Ms. Gindin 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, Ms. Gindin spent two years as an Honors Paralegal in the Fraud Section of the U.S. Department of Justice, Criminal Division.
I. Document Preservation | 11:00am – 11:20am
II. Conducting a Privileged Internal Investigation | 11:20am – 11:40am
III. Communicating with Third Parties While Maintaining Privilege | 11:40am – 12:00pm