CORPORATE INVESTIGATIONS

Our lawyers conduct internal corporate investigations for both institutions and committees of their boards of directors. We are also experienced in negotiating with enforcement officials, in matters of great sensitivity and importance to our clients.

We are experienced in conducting internal investigations in a variety of contexts:

• Investigations on behalf of special litigation committees of allegations of mismanagement or breach of fiduciary duty made in a shareholder demand letter as a precursor to a threatened derivative action;
  
  
• Investigations on behalf of audit committees in response to internal allegations of financial or accounting fraud, or where allegations of other misconduct may have a material impact on reported financial statements;
  
  
• Investigations of internal allegations of breaches of Codes of Conduct adopted by the enterprise or imposed by statute or governmental agency;
  
  
• Investigations of allegations of violations of state or federal laws and regulations; and
  
  
• Investigations of suspected misappropriation of funds or trade secrets.
  
  

Harkins Cunningham's experience, philosophy and size makes us uniquely positioned to handle these highly sensitive investigations in an efficient and effective manner:

• Our experience litigating complex commercial matters including securities fraud class actions, shareholder derivative suits, accountant liability cases, trade secret matters, coupled with our long history of advising clients on matters of corporate governance and disclosure obligations, provides the ideal background for such investigations.
  
  
• We have a strong presence in Washington D.C., with lawyers who held positions of responsibility in the U.S. Department of Justice, the Federal Trade Commission, the U.S. Department of Energy, and the Solicitor General's Office. We also have an extensive regulatory background, and experience negotiating with government agencies at the federal, state and local levels.
  
  
• Our team includes former general counsels who have managed investigations while in house, and we have a strong understanding of the internal pressures and needs general counsels face.
  
  
• We have a solid understanding of Sarbanes-Oxley and its implications, and have expertise in the areas of attorney-client privilege and data management and retention, both generally and specifically in the context of internal investigations.
  
  
• We bring to bear knowledge of a wide variety of industries. Our clients include leading companies in banking, biotechnology, healthcare, chemicals, computers, energy, insurance, pharmaceuticals, securities, office equipment, oil and gas, real estate, venture capital, entertainment, accounting, steel and transportation.
  
  
• We have worked with, and are known by, each of the big four accounting firms. We are able to talk the accountants' language and have established relationships with forensic accountants who can be brought in to assist with an investigation if need be.
  
  
• We work well as a team, and are responsive. We staff matters efficiently and our cost structure and billing philosophy permit us to conduct investigations in a cost-effective manner.