Experienced Crisis Managers
Latham has a proven track record of accomplishing the goals of an internal investigation. The firm’s lawyers help clients determine potential exposure, reduce costs and collateral damage, retain customers, restore investor confidence, avoid or limit sanctions by government agencies, resolve class actions through dismissal or early settlement within insurance limits, and achieve an acceptable end to the investigation so that business can return to normal as soon as possible. The firm’s investigations teams are experienced in every kind of internal investigation, including those involving:
- Audit committee inquiries into illegal or improper conduct
- Corporate governance
- Diligence in connection with M&A transactions
- Export issues
- Government contract billing
- Section 10A
- Shareholder and other derivative demands
- Special Litigation Committees
- Whistleblower and other investigations under Sarbanes-Oxley
Guiding Companies Through Comprehensive Investigations
Where necessary, the firm’s investigations teams regularly interact with government enforcement agencies, including the US Securities and Exchange Commission (SEC) and US Department of Justice (DOJ), as well as outside auditors, regulators such as the Federal Reserve and the NASDAQ Listing Qualifications Panel, and political oversight committees, with an eye towards minimizing disruption to the business even as the team uncovers the relevant facts.
Latham’s investigations teams regularly coordinate with the firm’s insurance coverage lawyers to help companies navigate the complex issues involved in Directors & Officers (D&O) policies and other coverage and indemnification issues. In many cases, Latham has recouped the costs of an investigation despite considerable resistance from carriers.