The Real Danger Of Outsourced Government Investigations

Law360 (January 7, 2020, 9:17 AM EST) -- In United States v. Connolly, Chief Judge Colleen McMahon, of the U.S. District Court for the Southern District of New York, issued a censorious decision and order that caught the attention of many practitioners last May. In response to the decision, legal news outlets published numerous articles and blogs. The white collar criminal defense world buzzed for months.

The future landscape of internal investigations seemed mired in serious constitutional considerations that impacted a company’s investigation strategy. Company counsel fretted over a choice between pushing back against the government’s involvement in an investigation and running the risk of being viewed as an...

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