Corporate Investigations
Vorys has substantial experience assisting corporations and individuals in navigating the intricacies of governmental inquiries – ranging from administrative investigations to complex state and federal criminal investigations. Our attorneys frequently conduct internal investigations and compliance audits on behalf of corporations, either proactively or in response to governmental investigations. Our experienced litigators also regularly represent clients in cases that may arise from an investigation, including parallel criminal, civil, and regulatory matters.
Internal investigations often grow out of situations in which clients are confronted with an array of legal and non-legal challenges, including potential criminal prosecution, grand jury subpoenas, SEC enforcement actions, regulatory compliance issues, and related civil litigation such as derivative lawsuits, class actions, and False Claims Act litigation. These types of situations often present complicated privilege issues, corporate governance concerns, regulatory scrutiny, and media/public relations issues.
We understand that all corporate investigations are different, and we therefore tailor the scope of our investigations to meet each particular client’s goals and to manage that client’s risks. Our lawyers who practice in the area of internal investigations possess a breadth of skills and experience that allow us to provide our clients with multidisciplinary approaches to the problems that they confront. Our representations in this area include the following types of matters:
- Internal Investigations: Whether a company learns of suspicious activity on its own, from a whistleblower, or as a result of a government inquiry, an internal investigation must be handled expeditiously, thoroughly, discreetly, and with an awareness of possible criminal, civil, and regulatory liability. Our attorneys have conducted internal investigations involving corporate governance, allegations of financial fraud, environmental compliance, and insider trading, among other issues
- Congressional Investigations: Criminal investigations frequently spawn parallel congressional investigations. We have represented government officials, energy concerns, pharmaceutical manufacturers, and health care providers in connection with such investigations
- Grand Jury Investigations: A key part of defending any criminal matter is effectively and discreetly responding to a grand jury investigation. Our attorneys have extensive experience in criminal investigations, both as former prosecutors and as defense lawyers. We have defended corporations and individuals in a wide range of matters that have been the subject of grand jury investigations
- Government Contracts: Our attorneys have handled a large number of contract fraud cases for a wide range of companies. This experience provides an excellent perspective from which to advise clients on internal audits, investigations, and voluntary disclosures
- Securities: We have represented clients in many different matters, including allegations of accounting irregularities and other financial reporting matters, insider trading investigations, and internal control issues, among others. Our attorneys are experienced in dealing with relevant regulatory agencies and in conducting internal investigations related to suspected misconduct involving company officials and employees
- Environmental: Our attorneys offer a wealth of experience in connection with federal and state criminal environmental enforcement cases. We have represented companies in internal and other investigations involving such statutes as the Toxic Substances Control Act, the Clean Air Act, the Oil Pollution Act, RCRA, and the Clean Water Act. Our attorneys are proficient in evaluating the risks and benefits of voluntary cooperation and disclosure, as well as in counseling companies on how to improve their environmental compliance programs
- Financial Institutions: Financial institution clients benefit from our extensive litigation resources and experience. Our clients include officers and directors, law firms, accounting firms, other experts and consultants, and parties having dealings with failed institutions. We have represented such clients in enforcement proceedings brought by federal and state financial regulatory bodies, as well as in criminal investigations
- Foreign Corrupt Practices Act (“FCPA”): We represent companies and individuals in all aspects of FCPA and anti-corruption matters, including internal investigations, transactional due diligence, implementation of remedial measures and compliance programs, and the defense of government investigations, enforcement actions, and criminal/civil proceedings
- Health Care Fraud and Abuse: Our firm has broad-ranging expertise arising from years of representing health care, pharmaceutical, medical device, and clinical laboratory companies on fraud and abuse matters, including criminal prosecutions, civil False Claims Act litigation, and collateral proceedings involving the FDA, HHS Office of Inspector General, and other regulatory agencies
- Antitrust: Our firm has extensive experience in representing our clients in matters involving the United States Department of Justice and the Federal Trade Commission, as well as state antitrust authorities
Practice Contact
James A. Wilson
614.464.5606
jawilson@vorys.com
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