Broadcast Date: Tuesday, March 12, 2024
from 12:00 pm to 1:00 pm (ET)

Overview:

In today’s dynamic business environment, the landscape of corporate governance is continually shaped by an increasing emphasis on transparency, compliance, and ethical conduct. One critical aspect that underscores these principles is the art of internal investigations. Internal investigations serve as a pivotal tool for organizations to meticulously examine and address potential misconduct, legal violations, or other irregularities within their operations. By conducting thorough and impartial inquiries, companies not only uphold their commitment to integrity but also mitigate legal risks, safeguard their reputation, and foster a culture of accountability. As we navigate this intricate terrain, understanding the nuances of effective internal investigations becomes paramount to ensuring organizational resilience and ethical governance.

Join us as Michael D. Farber (Van Ness Feldman LLP) and William Taylor (iDiscovery Solutions, Inc.), distinguished experts in the field, lead an in-depth discussion on effective internal investigations. Speakers will analyze best practices for conducting investigations, delve into the legal considerations surrounding internal inquiries, and examine the role of emerging technologies in enhancing investigative processes. Furthermore, they will discuss the crucial elements of a well-executed internal investigation, from initial fact-finding to the implementation of corrective measures.

The key issues that will be covered in this webcast include:

  • Best Practices for Conducting Internal Investigations
  • Legal Considerations and Compliance Issues
  • Role of Technology in Enhancing Investigations
  • Crucial Elements of a Well-Executed Investigation

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

Live Webcast

 

Prerequisite: 

General knowledge of internal investigations

 

Course Code:

1411049

 

NY Category of CLE Credit: 

Areas of Professional Practice

 

Total Credits:

1.0 CLE

Speaker Panel:

Michael D. Farber, Partner
Van Ness Feldman LLP

Mike Farber brings 20 years of experience to his practice at Van Ness Feldman where he leads internal investigations, provides strategic advice, and conducts compliance reviews for companies in energy and other sectors. Drawing upon his experience both in private practice and at the U.S. Department of Justice, Mike represents clients in federal and state antitrust investigations, complex litigation, and intricate compliance matters. Mike also provides strategic advice and counsel on national security matters related to incident response and the protection of environmental and energy infrastructure from cyber and physical threats.

Prior to joining the firm, Mike served as the Senior Advisor to the Director of the Bureau of Safety and Environmental Enforcement (BSEE) at the U.S. Department of the Interior, where he spent six years leading a number of initiatives reforming U.S. government oversight of offshore oil and gas operations. During his tenure at BSEE, spanning the initial five years of the agency’s existence, Mike led or was involved in all significant BSEE enforcement and investigative matters.

Mike serves as a member of the firm’s Executive Committee, co-coordinator of the firm’s Diversity and Inclusion Committee, and formerly served as co-coordinator of the firm’s Litigation and Investigations Practice.

William Taylor, Director, Investigations
iDiscovery Solutions, Inc.

Bill Taylor serves as Director of the Special Investigations Unit and chief of the Open-Source Intelligence (OSINT) service line for iDiscovery Solutions, Inc., headquartered in Washington, D.C. Bill is a former state and federal prosecutor and civil litigator. His second career, as a digital forensics and data security/privacy consultant, began during his days investigating and prosecuting Russian and East European organized crime. His specialty is consulting with counsel on electronic evidence in corporate internal investigations. He is an honors graduate of the U.S. Department of Defense Language Institute, the University of Colorado, and Columbia University Law School.

Agenda:

Michael D. FarberPartner

Van Ness Feldman LLP

and

William TaylorDirector, Investigations

iDiscovery Solutions, Inc.

  1. The Evolving Definition of “Cooperation” with Authorities
    • Internal investigations often seek to preserve the ability of the company to cooperate with authorities if wrongdoing is found.
    • A critical part of cooperation is demonstrating that relevant documents and data have been preserved.
    • Prompt and effective preservation of evidence can put the company in a position to evaluate potential wrongdoing and to develop findings for self-disclosure to the authorities.
  2. Corporate “Bring Your Own Device” Policies
    • Usage of personal devices for business communications, via texting and the use of third-party communication platforms has increased.
    • Federal agencies recognize this and expect effective compliance programs to permit the collection and analysis of data/documents generated on personal devices.
    • Informal BYOD policies can significantly increase the degree of difficulty – workplace privacy vs. U.S.S.G. Chapter 8 effective compliance and ethics programs.
    • Recent Example of Cooperation Credit for Preservation
  3. Conducting a Forensic Search for Relevant Documents and Data
    • Digital Forensics vs Self-Collections and Lexical Analysis
    • Early understanding of the entire IT Environment (On-prem servers, Cloud repositories, Comms Apps, Synching, Unsanctioned Apps and Devices, Backups, Disaster Recovery archives and other hidden data caches)
    • Litigation holds and preservation technologies and practices
    • Unsanctioned destruction of evidence / spoliation – beware of ephemeral data
    • Content vs Metadata
    • Think foundation and authentication as you go
    • OSINT
    • Combined analytics
  4. Conducting Interviews in the Post-COVID Years
    • Discussion of in-person versus virtual.
    • Using documents and meta-data in interviews.
  5. Remediation
    • Keep a punchlist as you go
    • Drives compliance gap analysis

Date & Time:

Tuesday, March 12, 2024

12:00 pm to 1:00 pm (ET)

A recording will be available to view 24-48 hours after the live date.

Materials:

Coming Soon.

Please check back again later.

Who Should Attend:

  • Internal Investigations Lawyers
  • Corporate Lawyers
  • HR Professionals
  • Managers and Supervisors
  • Risk and Compliance Professionals
  • Auditors
  • General/In-House Counsel

SPEAKERS

Michael D. FarberPartner
Van Ness Feldman LLP
William TaylorDirector, Investigations
iDiscovery Solutions, Inc.

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