Internal Investigations and Defense
We have extensive experience in conducting internal compliance and investigations for both public and private companies. Such investigations are extremely sensitive and require deft handling and sound judgment. Internal investigations require a thorough approach to the inquiries with a clear understanding of the legal framework implicated in each case.
Large teams of lawyers may not be the right approach—in fact it almost never is the right approach. Liability and culpability are often complex questions that can be answered only with a clear and thorough understanding of the factual scenario and applicable law.
Discretion, judgment, and critical analysis are simply the best tools in such internal investigation and defense. Examples of our advisory engagements:
- Engaged by a private multinational printing ink company to investigate potential bribery and corruption by its staff in China involving their dealings with Chinese customs officials. Discretely closed the investigation without disruption to the company and properly addressed the concerns to the satisfaction of the general counsel and board of directors.
- Represented a Singapore-based semiconductor equipment manufacturer in a dual track investigation in China. Successfully protected the local subsidiary’s trading rights, compliance status, and enabled ongoing operations.
- Conducted supplier due diligence of a large freight company’s potential local JV partner. Advised on a number of corrective actions and recommended specific agreement provisions to mitigate risks to the principal.
- Acted for a US publicly traded oil field services company in an investigation brought by a report made by an internal whistleblower. Conducted the internal investigation as well as handled the regulator investigation. Identified technical, albeit non-substantive non-compliance that involved no revenue loss to the authorities. Quickly resolved the investigations.
- Engaged by a large courier and freight carrier to conduct internal regulatory audits in China and Hong Kong with extensive documentation of findings, recommendations, and guidance on compliance obligations across a number of regulatory areas implicated by the company’s operations.
- Led Hong Kong due diligence of an information technology distributor, focusing on sanctions and export control compliance aspects of the target’s operations.
