Litigation: 6 key factors when choosing counsel in internal investigations

What to consider when deciding between in-house, outside and independent counsel

When a company is preparing to conduct an internal investigation, among the first issues it faces is the selection of counsel to conduct the investigation.

The principal options are:

2. Investigation subjects

Investigations of directors or senior managers, especially those who have a relationship with the company’s outside counsel, will call for independent counsel. When the targets of the investigation are lower level managers or officers of subsidiaries who do not have such relationships, this is a less important factor.

Contributing Author

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Valecia McDowell

Valecia McDowell is a member in Moore & Van Allen's Litigation Group. Ms. McDowell has extensive experience conducting internal investigations for publicly-traded, privately-held and non-profit...

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Contributing Author

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John Fagg

John Fagg is a member in Moore & Van Allen's Litigation Group. In addition to being an experienced trial lawyer, Mr. Fagg has extensive experience...

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