It is common in many internal investigations to give the so-called Upjohn warnings. Those warnings, based on the Supreme Court’s decision in UpJhohn Co. v. United States, 449 U.S. 383 (1981), typically are given to an employee in an internal …

Internal Investigations: Who is the client? Read More »

Judge Stanley Sporkin posed this question in his opinion 25 years ago in Lincoln Savings & Loan Ass’n v. Wall, 743 F. Supp. 901 (D.D.C. 1990). At the time Judge Sporkin, a former SEC Enforcement Chief, questioned the role of …

Role of Professionals: Where were all the lawyers and accountants? Read More »