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Description: Today, corporations routinely conduct internal investigations, often inside and outside the United States, and those investigations serve a multitude of different purposes. In many circumstances, the corporation intends to conduct the investigation in such a way that communications will be protected by the attorney-client privilege and/or the attorney work product doctrine. Waiver of those protections, however, remains a possibility if the investigation isn’t designed and conducted with an eye to preserving privileges.
In this program, Jones Day partners Evan P. Singer, Joshua S. Roseman and Arielle S. Tobin will discuss –
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fundamentals of attorney-client privilege and attorneys’ work product, including their application in ABA Model Rule 1.06 (Confidentiality of Information), ABA Model Rule 1.13 (Organization as Client), Federal Rules of Evidence 501, 502, Federal Rule of Civil Procedure 26(b)(3), as well as certain foundational cases, including In re Kellogg Brown & Root,
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possible implications of non-U.S. privilege laws on cross-border transactions,
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recent cases discussing the application – and potential waiver of privilege and/or work product in the context of internal investigations, including Attorney General v. Facebook and U.S. ex rel Wollman v. Mass. General Hospital, Inc., and
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provide practical considerations in conducting investigations that can help to maintain privilege and avoid waiver pitfalls.
Evan P. Singer, Esq., a partner at Jones Day, focuses his practice on complex commercial and business litigation, as well as internal and government investigations. He has represented companies and their officers and directors in securities class actions, shareholder derivative actions, and proxy contests, as well as claims brought under the False Claims Act (FCA), and he has represented mortgage servicers in litigation and before various state attorneys general. In addition, Mr. Singer has extensive experience conducting internal investigations, including investigations into potential violations of the Foreign Corrupt Practices Act (FCPA). He has been named a "Texas Rising Star" by the editors of Texas Monthly (2010-2015).
Arielle S. Tobin, Esq., an associate at Jones Day, has represented clients in civil, criminal, and regulatory disputes and regularly works on matters arising under the Foreign Corrupt Practices Act. She has been involved in various aspects of civil and business litigation and has experience conducting internal investigations, working in conjunction with the Department of Justice and the Securities and Exchange Commission. Prior to attending law school, she earned her certified public accountant license and worked for PricewaterhouseCoopers in New York City. Ms. Tobin has written and spoken on SEC, FCPA and other related matters.
Josh Roseman conducts internal investigations, advises on ethics and compliance, and defends companies, directors, and management in high-stakes criminal and civil matters. Josh has led numerous internal investigations of alleged misconduct and also has defended U.S. and foreign clients from investigations by DOJ, SEC, World Bank, state AGs, bank regulators, and other federal and state authorities. Josh is a Certified Fraud Examiner and a Certified Fraud Specialist.
Josh has led investigations into, and defended against, allegations of accounting fraud, corruption, Foreign Corrupt Practices Act (FCPA), insider trading, and embezzlement. Josh recently completed internal investigations for the boards of two Fortune 10 companies. He also counsels boards and compliance officers on ethics and compliance programs. Josh previously represented a corporate monitor where he assessed compliance and accounting controls and reported to DOJ. Josh has also defended some of the largest shareholder class actions, derivative cases, and proxy contests.
Josh was part of a trial team that won a jury verdict The National Law Journal named a "Top 10 defense verdict" of the year. Through Jones Day's "lawyer on loan" program with the Dallas County District Attorney's Office, Josh served as an assistant DA and tried more than 20 cases to jury verdicts. He is a regular speaker on internal investigations, ethics and compliance, and corporate culture. D Magazine named him among the "Best Lawyers in Dallas" three years in a row, and Texas Monthly named him a Super Lawyer Rising Star seven times. He serves on the boards of the Dallas Holocaust & Human Rights Museum, the Anti-Defamation League, and JDRF (Juvenile Diabetes Research Foundation).
 | | Practice Areas: | | Litigation & Appeals | | | Online Media Type: | | Audio | | | Production Date: | | 07/28/2021 | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 0 Minutes | | | Online Format: | | On Demand | | | Course Type: | | Public |
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| | • | Evan P. Singer - Partner, Jones Day; Dallas, TX | | • | Joshua Roseman, Esq. - Jones Day | | • | Arielle S. Tobin - Jones Day |
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