With experience in hundreds of jury trials, Mayer Brown’s Regulatory & Investigations lawyers understand the nuances of corporate investigations and how they might come into play at trial. The team uses its firsthand knowledge of how government enforcement works to help clients respond in the most effective manner to the challenges and risks posed by administrative, regulatory or criminal investigations and related civil enforcement proceedings and how to minimize the risks when conducting internal investigations.
Mayer Brown lawyers routinely act as counsel for boards of directors, board sub-committees, management and executives under investigation by the US Department of Justice, the US Securities and Exchange Commission and other federal agencies, state and federal grand juries and state attorneys general, as well as the Serious Fraud Office in the United Kingdom and a multitude of other regulatory and enforcement agencies worldwide.
When investigations are anticipated, we help companies mitigate risk and manage the process to ensure proper document preservation, collection, review and production, as well as detailed information gathering through interviews and forensic analysis. We help clients coordinate appropriate media attention, fulfill fiduciary obligations, address board and shareholder concerns, develop and execute remediation plans, and address the many other aspects of representation during a government investigation.
Working seamlessly with our partners in relevant locations around the world, we advise on the potential global ramifications of cross-border investigations in areas such as data practices, state secrets, business cultural issues, attorney-client privilege and employment, as well as the interplay of foreign and domestic laws.
Our work includes determining the appropriate scope of an internal investigation; addressing privilege concerns; advising on the formation of an internal investigation team, including, where appropriate, assistance from internal departments such as the corporate counsel’s office, human resources, information technology or internal audit, as well as external resources, which can include computer forensics, forensic accounting, consultants, private investigators, profilers, and handwriting and fingerprint experts. Additionally, our team is well-versed in, and consistently addresses, remediation efforts and mandatory or voluntary disclosure obligations for our clients.