Outside Counsel And Internal Investigations

Law360, New York (October 16, 2009, 1:09 PM EDT) -- A defining characteristic of the post-Enron, Sarbanes-Oxley world of corporate governance is the imperative that corporations self-police, self-report and self-remediate wrongdoing by management and employees.

The hallmark mechanism for investigating and addressing alleged corporate misdeeds is the special committee of the board of directors, comprised of outside directors that are “independent” of the conduct being investigated, and the committee’s outside counsel, also required to satisfy the independence requirement.

In two recent cases, Kirschner vs. K&L Gates LLP and Roberts vs. McAfee Inc., corporate stakeholders have taken...
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