Whiteford has extensive experience conducting highly sensitive and complex internal investigations on behalf of private and public sector clients. We represent companies, boards of directors, and special committees in investigations of alleged or potential misconduct by employees, vendors and directors and officers involving regulatory compliance, employment issues, fraud, corporate governance and possible criminal misconduct. In the course of such investigations, we advise on matters of privilege, confidentiality, data privacy and internal and external communications. At the same time, we identify potential reporting obligations, interface with law enforcement and government officials at state and federal levels and handle government and grand jury subpoenas. Post-investigation, we advise on internal controls and governance initiatives that can help to safeguard a company or organization going forward.
Representative matters include:
- Investigation of a former officer and director in claims arising from embezzlement, fraud and tax evasion, including working with state and federal law enforcement and negotiating remediation for the company.
- Confidential investigation of potential fraud by a CFO, including working with the Board of Directors and a forensic accounting firm to assess and resolve the matter.
- Investigation for company of labor and employment complaints of discrimination and harassment.
- Investigation for nonprofit organization of accounting irregularities, including working with forensic accounting firm to analyze and report on findings to the Board of Directors.
- Investigation on behalf of a Special Committee of the Board of Directors of a public company, including assessment of potential claims involving fiduciary duties, fraudulent transfer and statutory claims.
- Ethics investigations on behalf of nonprofit credentialing client.
- Investigations of Title IX complaints involving athletes, coaches and staff in university and school settings.
- Investigations arising from corporate ethics hotlines, along with internal compliance audits.
- Investigations of potential legal claims to be brought by investigating parties.
- Advice and counsel regarding investigations by governmental entities, including the Office of Inspector General and United States Attorneys’ Office.