The passage of the Sarbanes Oxley Act marked a new chapter in governmental oversight and regulation of corporate governance. The legislation, coupled with revised listing standards and increased enforcement at the federal and state levels, created a greater need for sound governance measures and a well constructed compliance plan than ever before. If left unprepared, businesses face the potential of damaging civil and potential criminal consequences from governmental investigations.
In today’s regulatory environment, companies are sometimes required and/or well-advised to conduct their own internal investigations focused on potential wrongdoing. Federal laws and law enforcement agencies increasingly expect that business enterprises will police their own conduct and make any necessary reports to the appropriate agency.
Deciding when and how to conduct a proper internal investigation that also protects the sensitive and sometimes privileged nature of the information gathered is the key to a successful outcome. Deciding whether to make voluntary disclosures is also critical. The experience and background of our attorneys provides clients with options for solutions to enforcement issues to minimize exposure to civil penalties and other enforcement measures.