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Corporate Investigations: Their Hidden Traps ' and How to Avoid Them

By Jeffrey I. Pasek
September 22, 2003

This is the first in a two-part series on how to conduct corporate investigations for corporate counsel.

Corporate counsel face a myriad of challenges when conducting or overseeing an internal workplace investigation. From ethical issues to potential third-party liability, the pitfalls are everywhere. New responsibilities and risks under Sarbanes-Oxley make the job even more daunting for counsel in publicly held firms. However, with advanced planning, there are ways to conduct a workplace investigation that may prevent it from coming back to haunt you.

Public confidence in corporations and the people who manage them is diminishing. A company trying to maintain the confidence of the financial marketplace must exhibit a commitment to comply with the law, which requires a willingness and an ability to conduct an honest internal investigation to root out wrongdoers.

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