Organizations today face complex challenges when allegations of fraud, self-dealing, financial impropriety, or sexual and other forms of misconduct arise. How those issues are investigated — and how quickly and credibly they are addressed — can determine not only legal outcomes, but also an institution’s reputation, culture, and ability to move forward.
Ford O’Brien Landy LLP conducts thorough, efficient, and highly sensitive investigations on behalf of public and private institutions, including for-profit and not-for-profit entities and foundations. We have been trusted by boards of directors, general counsel, and leadership teams to investigate serious allegations of various types of wrongful conduct and deliver clear, defensible findings that allow them to make reasoned decisions and take appropriate action. We operate with the independence and objectivity required to instill confidence in the investigative process and its conclusions.
Our investigations team includes attorneys with deep backgrounds in white-collar and regulatory matters, nonprofit governance, and sexual misconduct investigations. We apply rigorous investigative techniques to uncover the facts needed to resolve allegations of officer, director, trustee, or employee misconduct, and we develop strategies tailored to minimizing the organization’s risk and exposure — particularly when third-party witnesses are involved.
We conduct investigations involving:
Our team brings strong interpersonal skills to every investigation, creating an environment where witnesses feel respected and heard while maintaining the disciplined, fact-driven inquiry these matters require. Where investigations involve individuals who have experienced difficult or traumatic events, our attorneys draw on trauma-informed interviewing techniques and approach all witnesses with the care, sensitivity, and professionalism the circumstances demand.
Our reports are crafted with an understanding that they may be reviewed by boards, regulators, courts, auditors, or other stakeholders. We do more than determine what happened — we recommend governance and policy improvements, compliance enhancements, remedial and disciplinary measures, and communications strategies. We also advise clients on potential law enforcement referrals and voluntary disclosure and cooperation with government authorities.
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It is often wise to consult one, and as early as possible. Internal investigations are typically conducted by the company’s in-house lawyers or by outside counsel the company has hired, and their job is to protect the company, not you. In the early stages, it can be difficult to tell where an investigation is headed, and its focus can shift as the facts develop; someone who begins as a witness may later find their own conduct under scrutiny. What you say in an interview may affect your employment, may be shared with regulators or prosecutors, and may later be used in civil or criminal proceedings. An attorney can help you understand your rights and obligations, prepare you for the interview, attend it with you where permitted, and monitor whether your interests are diverging from the company’s. In many cases, companies are required or agree to advance legal fees for employees, officers, and directors under their bylaws, employment agreements, or insurance policies. Ford O’Brien Landy frequently represents executives, employees, and other individuals in internal investigations.
No. Lawyers conducting an internal investigation represent the company, even if they are interviewing you about your own conduct. At the start of an interview, they will typically explain that the conversation is protected by the company’s attorney-client privilege, and that the privilege belongs to the company alone. That means the company can choose to waive it and disclose what you said, including to the government, without your consent. Because of this, individuals should approach an internal investigation interview with the same care they would bring to speaking with government investigators. Ford O’Brien Landy advises clients on how to navigate these interviews while protecting their own interests.
Yes. In addition to representing individuals, the Firm has conducted internal investigations into allegations of misconduct. A well-run investigation allows a company to establish the facts, stop any ongoing misconduct, preserve privilege, and make informed decisions about remediation and possible disclosure to the government. Our experience representing individuals in investigations conducted by others gives us a valuable perspective on how to conduct investigations that are fair, thorough, and credible to regulators and prosecutors.
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