Recent data suggest that in 2006, more than 60% of large publicly traded corporations hired outside law firms to conduct internal investigations. Supervising these inquiries is becoming a core competence for boards of directors, general counsel, and outside counsel alike.

This panel will explore a series of difficult legal, ethical and strategic issues that commonly arise in connection with the conduct of such inquiries, including questions of privilege, independence, cooperation with governmental authorities, and warnings to employees subject to interview. The panel will also address pragmatic considerations such as techniques for identifying circumstances in which it may be unnecessary to retain outside counsel, responsible strategies for controlling the cost of these investigations, and methods for addressing differences of opinion concerning the interpretation or implications of an inquiry’s findings.

MLCE credit is available.

Panelists:

• Francis S. Currie, Partner, Davis Polk & Wardwell
• Joseph A. Grundfest, W.A. Franke Professor of Law and Business and Co-Director, Rock Center for Corporate Governance
• Michael J. Holston, Executive Vice President, General Counsel and Secretary, Hewlett Packard
• Adam A. Reeves, Assistant United States Attorney, San Francisco Office
• Deborah L. Rhode, E.W. McFarland Professor of Law and Director, Stanford Center on Ethics