internal investigation

While the Opinion may have been helpful to the requesting company, its usefulness to other companies is severely limited for a variety of reasons. More generally, using the FCPA advisory opinion procedure remains impractical and potentially even unwise in many circumstances.

Internal investigations will need to proceed, albeit under different circumstances. In order to ensure that remote internal investigations are probative and effective, companies and their outside counsel should employ a few simple and practical practices.

Equal justice under law is the highest value of our legal system, and no one should receive preferential treatment because they are friends with the president.