On October 5, 2021, Sharon L. McCarthy participates in a panel entitled “Best Practices or Not? Internal Corporate Investigations” for the Federal Bar Council. Internal corporate investigations typically result from discovery – by the company, the media, an external auditor, or a whistleblower – of circumstances that raise a serious concern of financial or other misconduct, which may expose the company, management, and the board to civil or criminal liability. The goal of internal investigations is to determine the validity and seriousness of the alleged conduct and what action, if any, the company should take consistent with the best interests of the future of the company and its employees/shareholders.

Description: This program is intended to sensitize practitioners involved in internal investigations to complex, thorny issues that frequently arise, including those relating to: attorney-client privilege; employee interviews and representation concerns; whether to cooperate with government agencies or risk enforcement action and/or criminal prosecution; cross-border issues such as data privacy laws, cultural and language differences, and the specter of both foreign and domestic investigations and litigation. The distinguished panel will share their experiences from multiple perspectives. The panel’s participants are as follows:

Moderator

• John J. Kenney, Esq., Hoguet Newman Regal & Kenney, LLP

Panelists

• William E. Craco, Esq., Johnson & Johnson;
• Laura Grossfield Birger, Esq., U.S. Attorney’s Office, SDNY;
• Henry Klehm, III, Esq., Jones Day;
• Sharon L. McCarthy, Esq., Kostelanetz & Fink, LLP; and
• Hon. Jed S. Rakoff, U.S. District Judge

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