By Clifford Thau and Gregory Zimmer
Originally published in the New York Law Journal
In the wake of well-publicized corporate failures and the heightened responsibilities imposed on corporations, their officers, directors, and professionals by the recently enacted Sarbanes-Oxley Act, internal investigations have been pushed to the forefront of corporate representation. Cooperation among corporate employees, in-house attorneys and outside counsel has never been more critical and can have a direct impact on the efficacy of internal investigations, the continued success of the business, and potential corporate and individual liability.
Issues arise involving the attorney/client and work product privilege, the "up the ladder" reporting rules promulgated by the Securities and Exchange Commission (SEC) pursuant to the Sarbanes-Oxley Act, and the SEC's proposed "noisy withdrawal" rules. This article discusses the potential benefits of timely and effective internal
