Rethinking 'Right Of Inspection' Contract Provisions

Law360, New York (July 7, 2011, 2:13 PM EDT) -- Faced with evolving standards of regulatory obligations and corporate liability, companies are increasingly resorting to internal investigations to assess their business practices and, in turn, to seek legal guidance both in responding to potential wrongdoing and in crafting compliance programs. Whether conducted by experienced in-house or outside counsel, internal investigations typically adhere to certain procedures designed to maximize the company's ability to safeguard its legal analysis and to minimize the risk that its investigative efforts will be used against it. But that measure of control could be lost when a company contractually agrees to abide by the compliance standards of another company....

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