How should investigations of corporate impropriety be staffed?
Nordlinger: An important aspect of staffing is looking for the right expertise. Just as important as looking for someone with an excellent knowledge of the law is looking for someone who has experience dealing with the regulatory agencies. For example, when the SEC offers a confidentiality agreement, a good lawyer will always find sections that they want to change, but these agreements are not negotiable from the SEC’s perspective. Also, most good criminal defense counsel will ask for an in-person meeting with a state prosecutor early in an investigation. Because the SEC rarely has in-person meetings when an investigation begins, the investigator may presume that you have something to hide if you suggest an early meeting. That perception can have a dramatic effect on the rest of your dealings with the SEC. Editor: Do you have any suggestions for investigating the adequacy of internal controls in an M&A context? Badway: Due diligence is the key. You should make sure that you ask the pro
Related Questions
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