(Webcast) Redesigning and, Where Necessary, Reinventing Corporate Investigation Protocols

Monday, November 23, 2020 | 12:00 pm – 1:45 pm

Register for the Live Webcast

Program Chair:
Richard B. Friedman
Richard Friedman PLLC

  • This program will examine whether there is a growing trend by many large and some mid-size companies to standardize their internal investigation procedures so that, for example, allegations of sexual harassment are not treated differently than allegations of embezzlement or whether companies have made a conscious decision to have different internal procedures depending on the nature of the allegations.  The panelists will discuss the most common elements of standardized and non-standardized internal investigation protocols.

    Program Fee:
    $199 for Members | $299 for Nonmembers

    Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2018-2020), In-House/Corporate Counsel, Judges, or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

  • Michele A. Coyne
    Kauff McGuire & Margolis LLP

    Julia M. Jordan
    Sullivan & Cromwell LLP

    Denise I. Murphy
    Rubin  and Rudman LLP

    Peter A. Walker
    Seyfarth Shaw LLP

    Ami G. Zweig
    Weil, Gotshal & Manges LLP

  • 12:00 – 12:05 p.m.
    Introductions and Program Overview
    Richard B. Friedman

    12:05 – 12:15 p.m. 
    Factors in Considering Whether There Should There Be a Written Investigation Protocol

    1. Type and size of organization.
    2. Way To Address Privilege Issue Consistently;
    3. Way To Try To Ensure That Integrity of Investigation Will Not Be Susceptible To Successful Attack in Litigation By Establishing Procedures to Be Followed
      Lead panelist: Peter A. Walker
      Panelists: Michele A. Coyne; Richard B. Friedman; Julia M. Jordan; Denise I. Murphy & Ami G. Zweig

    12:15 – 12:30 p.m.
    How Detailed Should The Written Standards Be?

    1. Broad Enough To Provide Flexibility But Not Overly Vague
    2. What is The Target Demographic Business Unit or Department?
    3. What Levels of Employees Will It Govern?
    4. Where Have Complaints Come From?
    5. How Many Versions Should There Be?
      Lead panelists: Michele A. Coyne & Julia M. Jordan
      Panelists: Richard B. Friedman; Denise I. Murphy; Peter A. Walker & Ami G. Zweig

    12:30 – 12:40 p.m.
    Understanding The Sources, Targets, and Types of Most Complaints 

    1. Is There a “Typical” Type of Complainant?
    2. Are There Business Units or Departments That Are Often The Target?
    3. Do Most Complaints Concern Alleged Harassment, Discrimination,Compliance Issues, or Other?
    4. What levels of Employees Are Often Involved?
      Lead panelist: Michele A. Coyne
      Panelists: Richard B. Friedman; Julia M. Jordan; Denise I. Murphy;  Peter A. Walker & Ami G. Zweig

    12:40 – 1:05 p.m.
    Internal and External Follow-up Action To Be Taken

    1. Role of Human Resources.
      1. Possible Objections to Investigator(s) being white.
    2. Role of In-house Counsel.
      1. Need for Upjohn Warning Whenever Counsel is Involved.
    3. Role of IT Department in Internal Forensic Investigations
    4. Use of Regular Outside Counsel
    5. Use of Third party Outside Counsel
    6. When To Use Outside investigative or Forensic Investigation Firm.
    7. Hired By Law Firm or Company?
      Lead panelists: Denise I. Murphy & Ami G. Zweig
      Panelists: Michele A. Coyne; Richard B. Friedman; Julia M. Jordan &  Peter A. Walker

    1:05 – 1:20 p.m. 
    Defining The Scope of the Investigation

    1. Initial Determination Of Scope
    2. Need To Often Expand The Scope
    3. How To Address Possible Criminal Issues
      Lead panelists: Michele A. Coyne & Peter A. Walker
      Panelists: Richard B. Friedman; Julia M. Jordan; Denise I. Murphy  & Ami G. Zweig

    1:20 – 1:25 p.m.
    Issues Concerning Possible Indemnification of Third Party Investigator
    Lead panelist: Denise I. Murphy
    Panelists: Michele A. Coyne ; Richard B. Friedman; Julia M. Jordan; Peter A. Walker & Ami G. Zweig

    1:25 – 1:45 p.m.
    Conclusion of Investigation

    1. When Should Report Be Only Oral?
    2. When Should Report Be Written?
    3. When Should There Be Different Written Versions?
    4. Always Follow Up With Complainant?
    5. Always Follow Up With Target?
    6. When To Follow Up With Former Employee.
      Lead panelists: Julia M. Jordan  & Ami G. Zweig
      Panelists: Michele A. Coyne ; Richard B. Friedman; Denise I. Murphy & Peter A. Walker 

  • New York: 2.0 skills
    New Jersey: 2.1 general
    California: 2.0 skills
    Pennsylvania: 1.5 general
    Connecticut: Available to Licensed Attorneys

  • Sponsoring Association Committee:
    Labor & Employment, Katherine A. Greenberg, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org

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