Internal Investigations and Claims Management
Businesses, trustees, fund managers, and fiduciaries today are frequently in the position to need an internal investigation and/or an investigation into the conduct of their fiduciaries, accountants, and advisors to examine allegations of wrongdoing. These inquires, when handled professionally and with expertise, can lead to improvements in processes, greater protection for the organization and its employees, repair and protection of reputation, and recovery of assets or losses. Our legal investigation professionals assist management with the onslaught of decisions and issues that come with a variety of circumstances, including: determining when and how to release information to the public, communicating with constituents, working with regulatory authorities, minimizing interference with business operations, assessing exposure to potential liability, handling terminations, maximizing access to quality information, and board governance issues.
Diamond McCarthy lawyers have an impressive record of successful investigation and the favorable resolution of difficult and sensitive matters handling them with discretion and care for our clients’ goals. Our lawyers have represented organizations and their officers, boards and senior management in all phases of investigations and actions. We have experience working under all circumstances in conjunction with the SEC, FBI, and various regulatory bodies, and are “go-to” counsel for national trustees who handle investigating some of the largest U.S. corporate defalcations. Whether allegations of misconduct arise internally, or as a result of a regulatory investigation, an audit or from civil or criminal litigation, our lawyers act promptly, investigating the allegations and offering strategic solutions to resolve the situation and pursue claims to meet our clients’ goals.
We provide experienced guidance, determining the facts, assessing legal exposure and third-party legal liability and recommend appropriate action, including the development of or modification of internal processes. Our internal investigations team regularly assists clients with:
- Crisis management
- Investigating suspicions or reports or allegations of financial fraud and accounting irregularities, breach of fiduciary duty and a host of other related issues
- Conducting internal forensic investigations
- Conducting due diligence investigations to prevent and detect inappropriate conduct by officers, directors, employees, lawyers, auditors, and other fiduciaries and advisors
- Establishing special litigation and other board committees designated to investigate and address allegations of potential wrongdoing
- Counseling boards of directors and corporate officers through management of professionals and processes both in the investigation and litigation context