|
Exceptional Experience and Expertise
For decades, Covington has been on the “short list” when companies need outside counsel to perform complex and sensitive internal investigations. We have extensive experience conducting internal investigations for corporate management, boards of directors, audit committees, special committees of independent directors, special litigation committees, and demand evaluation committees. We frequently perform large, high-profile investigations on a global scale, but we also specialize in more focused, rapid reviews that remain outside the glare of public or regulatory scrutiny. We bring to bear a team with a remarkable collection of talent and experience, including former senior SEC officials, a former Secretary of Homeland Security and head of the Justice Department’s Criminal Division, and numerous former federal prosecutors. These lawyers, together with other members of our white collar group, have the expertise to collect and analyze the facts and the credibility to present their findings persuasively, if it becomes necessary, to regulators, courts, Congress, and private litigants.
A Tailored Approach
We recognize that each investigation is unique, and there is no one-size-fits-all approach. Yet, in conducting any internal investigation, our view is that there are two equally important goals. The investigation should find facts through a reliable and credible process, and it should do so in a discrete and efficient manner that minimizes the disruption and potential collateral consequences to our clients. We staff matters leanly to control costs and achieve efficiencies, but we have a deep enough bench to handle the complex matters that require significant commitment of resources.
Global Presence
Many of our clients have global business interests, and we have a global presence to meet their needs. We regularly manage complex investigations that are international in scope, potentially involving multiple jurisdictions and regulators. We have senior members of our investigations practice on the ground in our offices in Washington, New York, San Francisco, London, Brussels, Beijing, Shanghai, and Seoul, enabling us to handle streamlined cross-border investigations.
Comprehensive Approach
When we conduct internal investigations, we recognize that a host of legal and regulatory issues may arise, and they may ultimately garner the attention of multiple regulators, enforcement authorities, and private litigants. Our team of seasoned attorneys has extensive experience handling these collateral issues. We have a unique ability to foresee and expertly address such matters, including regulatory investigations, prosecutions of companies and their employees, congressional and executive branch investigations, crisis management, False Claims Act and whistleblower claims, and related tort and shareholder litigation. This results in carefully coordinated, efficient, and forward-thinking investigations, allowing clients to prepare for any corporate crises before they occur.
Broad-Based Expertise
While investigations may focus primarily upon factual development and legal analysis, they also frequently involve the provision of advice to boards, committees, and senior management on matters of corporate
governance, fiduciary duties relating to the investigation, and a host of regulatory and compliance issues. Our internal investigation specialists work seamlessly with their colleagues in the firm’s regulatory, compliance, corporate, and government affairs practices to ensure our clients receive timely, strategic advice on such issues. We take great pride in offering “one stop shopping” to our clients, utilizing our leading regulatory practices in the life sciences, financial institutions, securities, CFTC/Dodd-Frank, antitrust, trade controls, privacy/data security, eDiscovery, energy and communications fields to handle the full scope of our clients’ matters from start to finish in an efficient, cost-effective manner.
Representative Matters
We cannot name some of our most significant internal investigations, as their existence and content did not become public knowledge. While they resulted in compliance changes and personnel actions, they never became the subject of regulatory sanctions.
- Represented Evaluation Committee formed by the Board of Directors of a Fortune 250 company to investigate and assess a shareholder demand letter.
- Represented the Audit Committee of a publicly traded real estate investment trust in an investigation relating to debt covenant compliance and financial reporting issues.
- Represented Special Litigation Committee of the Board of Hewlett-Packard Co. in shareholder derivative litigation arising out of the Board's response to leaks of confidential company information to the press.
- Represented Special Committee of the Board of Tyco International, Ltd. regarding issues of corporate looting and accounting improprieties.
- Represented Special Committee of the Board of Adelphia Communications Corp. regarding issues of corporate fraud being investigated by the U.S. Attorney’s Office in the Southern District of New York and the SEC.
|