In today’s business regulatory environment even the most responsible corporate citizens may be confronted with allegations that could pose potential criminal and/or civil exposure. In the pervasive civil and criminal regulatory environment that is confronting businesses today it is imperative to protect the business in a proactive manner as part of the modern business model. Kimerer & Derrick's law firm is proficient at performing internal investigations that serve to protect businesses by:
• Helping devise strategies to resolve matters as quickly and discreetly as possible
• Identifying any areas in the client’s compliance and auditing procedures that could be perceived as inadequate by civil and/or criminal regulators
• Proactively protecting a client’s ongoing business operations
It pays to be proactive in addressing any matter, whether internal or external to the corporation, which may be perceived by civil or criminal regulators as even potentially constituting “misconduct” or a breach of the corporation’s policies, procedures or standards of business conduct. Changes in laws and policies, including Sarbanes-Oxley and the False Claims Act (to name only two), have brought about new obligations and incentives for companies to police themselves. These investigations must be carried out carefully. The scope of the review, the manner in which the review is conducted, and any recommendations for corporate action that may result are all crucial parts of the process by which the business model is protected.
Most importantly, Kimerer & Derrick's approach carefully preserves attorney-client and work product privileges while working to fully advise clients about all of the ramifications. This fundamental and defining approach enables the client to consider its interests fully and discreetly so that optimum business protection is achieved.
Kimerer & Derrick's process is also flexible and takes into account the needs of the client, the scope and nature of any issue being reviewed, and what their experience has been with the potential perceptions of the regulatory community and the risks that entail.
Their lawyers know how to quickly gauge the nature and extent of any matter and its potential “regulatory profile” and thus can provide advice where immediate action may be required—as well as advice that is more long-term in nature. They are dedicated to working with corporate management in a manner that addresses the situation in a cost-efficient way to enable management to maintain its primary focus upon running the business.
Kimerer & Derrick have helped clients in matters involving:
• Civil litigation
• Issues that may implicate conduct which could be perceived by regulators as potentially criminal in nature
• Compliance issues, including compliance with internal corporate rules and procedures as well as with governmental and quasi-governmental rules and regulations
• Document examination and retention
• Employee interviews
• Background checks of prospective individual and corporate partners;
• Financial audits, including checking for adherence to government auditing standards
The investigations undertaken by our lawyers are conducted in a targeted manner with professional discretion and care. The ultimate goal is to protect our clients’ business operations. We accomplish this with a multidisciplinary approach involving relevant practice areas in which Kimerer & Derrick lawyers are well versed and knowledgeable.
We understand that these matters are very sensitive. We work to examine any past conduct while searching for, and ultimately recommending, proactive remedial measures. Our underlying commitment is to detail and address individual issues as they arise and to provide the client with comprehensive guidance to help prevent reoccurrence. This is the approach that not only addresses the current matter but also protects the client going forward in a manner that addresses risk, saves time and money, and advances the protection of the client’s business model.