StaRs: Time to prioritise, but not to panic
Louise Hodges, partner and head of our Criminal Litigation team and Caroline Day, partner were quoted in Law360 on internal investigations.
4 Tips For Lawyers Working On Internal Investigations (Subscription required)
“Ideally, there should be no-one with personal exposure to the matters under investigation within the working group, which can be difficult to establish,” said Caroline Day, a criminal litigation partner at Kingsley Napley LLP.
Companies can help reassure regulators by hiring lawyers other than their regular external corporate attorneys. The integrity of an investigation is paramount and will be closely examined
by the authorities, Day said. “The SFO has emphasized on a number of occasions that investigations that ‘trample over the crime scene’ are problematic, and that company investigations should be conducted in a way to ensure relevant material is preserved, that continuity is maintained and that potential suspects are not tipped off,” she added.
“You are likely to need external advisers, so it will benefit the company to have insurance coverage for legal advice for both the corporate and individuals such as directors and officers insurance,” said Louise Hodges, partner at Kingsley Napley LLP.
“The policy should cover legal fees but also other related expenses such as forensic investigators or accountants and experts,” Hodges said.
“[Whether] individuals are covered by insurance has varied widely depending on the institutions being investigated,” Hodges said.
“Where an individual is not covered under the policy for some or any of their legal expenses, a decision will need to be made about whether the company should cover the individual’s legal expenses,” Hodges added.
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