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How to Handle a True Corporate Crisis or Major Internal Investigation


Level: Intermediate
Runtime: 48 minutes
Recorded Date: May 23, 2023
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Agenda

  • Cooperation in Investigations
  • Practical Guidance
  • Managing an Investigation
  • Priorities During Investigations
  • Managing Books and Records
  • Takeaways

For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

In this panel from the annual “Securities Enforcement Forum West” event, securities law experts and SEC officials discuss how it is critical for companies to handle internal investigations diligently, ensuring they're independent and cooperative. Expert panelists recommend communicating openly with the SEC and finding the right balance when being transparent with findings. This may mean providing business context during investigations and dealing with disagreements among staff members calmly.

Companies should also consider reporting any problems to the SEC themselves, as they might get financial benefits for doing so.

It's crucial to move quickly during a crisis, coordinating with auditors and preserving communications. Sometimes, collecting information from employees' personal devices can be tricky, especially in different countries, but it's necessary for a thorough investigation.

Provided By

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Panelists

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Lindi Jarvis

Senior Managing Director
FTI Consulting

Lindi Jarvis is a Senior Managing Director at FTI Consulting and is based in Seattle and New York. Ms. Jarvis specializes in forensic accounting and litigation consulting. She has international experience in a wide range of large-scale financial investigative assignments and litigation assistance.

Ms. Jarvis’ financial investigative assignments have included hedge fund investigations, forensic accounting investigations, financial reporting investigations, financial fraud investigations and white-collar crime investigations. Ms. Jarvis has performed numerous investigations in matters involving SEC financial reporting, violations of the U.S. Foreign Corrupt Practices Act (FCPA), the UK Bribery Act and other fraudulent activities. Ms. Jarvis’ anti-bribery and anti-corruption experience includes leading financial and forensic accounting investigations on a global basis, including investigating allegations of inappropriate behavior and suspected violations of the FCPA by U.S. Corporations, agents, distributors or foreign operating divisions.

In addition, Ms. Jarvis has been involved in assisting a Fortune 50 company implement an FCPA compliance program which incorporated the review of the operations in specific high risk countries. Ms. Jarvis has worked on behalf of management for companies under investigation by government agencies; for special committee counsel conducting investigations; and for counsel in a post-investigation monitoring or remediation capacity.

Ms. Jarvis’ litigation and dispute advisory services experience includes assisting domestic and international clients in commercial disputes involving corporate transactions, working capital adjustments, post-closing balance sheet adjustments and earn out calculations. In addition, Ms. Jarvis has experience with accountant malpractice claims, securities litigation, and damages analyses.
Prior to joining FTI Consulting, Ms. Jarvis spent three years in the financial advisory services practice of Deloitte in the Cayman Islands. While in Cayman, she managed the liquidation of several hedge funds which were liquidated due to fraudulent asset management, as well as assisted with court proceedings necessary to wind down the hedge funds. During this period, Ms. Jarvis spent a large portion of her time traveling to London, England, the U.S. and the United Arab Emirates. Ms. Jarvis began her career as an Auditor with Deloitte in the Calgary, Canada office.

Ms. Jarvis has taught classes and seminars on various fraud-related topics at New York University. These topics have included; accounting investigations, in-depth anti-bribery and anti-corruption case studies and fraud prevention. In addition, Ms. Jarvis has developed and presented courses at FTI Consulting’s national training program. Ms. Jarvis holds a Bachelor of Commerce with Distinction from the University of Alberta, Edmonton, Canada. She is a Certified Public Accountant, a Chartered Accountant in Alberta, Canada, and a Chartered Financial Analyst charterholder. Ms. Jarvis is also an executive board member of the Association of Chartered Accountants in the United States.

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Kathleen Marcus

Partner
Stradling

As a former attorney with the SEC’s Division of Enforcement, Kathleen brings a deep understanding of the federal laws and government processes for clients facing regulatory and white collar investigations. Kathleen has significant experience before a host of agencies and regulators, including the SEC, DOJ, FINRA, FDA and the FCC, as well as number state agencies. Companies, funds, investment advisors, municipalities and executives rely on the trust she has built with regulators and her ability to interact with government agencies to negotiate a successful outcome. Using her streamlined, careful approach, she has defended clients against accusations of fraud, accounting and disclosure discrepancies, insider trading, breaches of the FCPA, and violations of the Federal Anti-Kickback statute. Kathleen also assists clients facing cyber security incidents and defends regulatory investigations involving blockchain, cryptocurrency and token offerings.

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Caz Hashemi

Partner
Wilson Sonsini Goodrich & Rosati

Caz Hashemi is a partner at Wilson Sonsini Goodrich & Rosati and chair of the firm’s litigation department. Clients turn to Caz for his proactive approach and strategic direction in leading complex, high-stakes investigations and litigation matters. He is regarded as a leading attorney advising clients involved in SEC, government, and internal investigations, having represented companies, boards, and special committees in more than 100 such matters during his career. Senior executives, directors, and other individuals also frequently engage Caz as personal counsel. He also regularly represents clients in securities class actions, shareholder derivative lawsuits, and stockholder litigation demands.

Caz has substantial expertise advising clients on the most complex and sensitive issues, including whistleblower allegations; financial restatements; accounting and disclosure items; Foreign Corrupt Practices Act (FCPA) matters; and insider trading. Audit committees and special committees often call upon Caz to conduct internal investigations involving these issues. He represents clients across a broad range of industries including technology, health care, consumer products, energy, financial services, life sciences, and telecommunications.

Prior to joining the firm, Caz served as an enforcement attorney with the SEC’s Division of Enforcement, where he investigated potential violations of the federal securities laws.

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Ansu Banerjee

Assistant Regional Director
U.S. Securities and Exchange Commission

Ansu Banerjee is an Assistant Regional Director in the U.S. Securities and Exchange Commission's Los Angeles Regional Office.

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Martine Beamon

Partner
Davis Polk

Martine is co-head of Davis Polk's White Collar Defense & Investigations practice. A former federal prosecutor, she represents individuals, boards and companies in their most critical situations. She is ranked in Band 1 by Chambers, where clients say she is "an excellent partner who takes the time to truly understand our business” and offers advice that "is risk-based, practical and action-focused." Other clients call her a "phenomenal lawyer" whose "strategic abilities . . . are off the charts."

Martine represents clients in grand jury, regulatory and internal investigations involving allegations of securities fraud, sexual misconduct, tax fraud, foreign corrupt practices, money laundering, pharmaceutical and medical device marketing and anti-kickback law violations. She advises companies and boards on governance and compliance.

She is a member of the Women in Law Empowerment Forum’s Global Advisory Board and sits on the boards of the Federal Defenders of New York and Prisoners’ Legal Services.


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