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DELVACCA Presents… How to Conduct an Effective Internal Corporate Investigation: Avoid the Many Landmines May 6, 2010 ∙ Marriott Philadelphia Downtown Patricia M. Hamill Shareholder, Conrad O’Brien Judson A. Aaron Shareholder, Conrad O’Brien Patricia S. Kim Litigation & Investigations Counsel, Hewlett-Packard Co. Moderator: Geoffrey L. Beauchamp General Counsel, Delaware Valley Municipal Management Association DELVACCA Thanks Conrad O’Brien PC for sponsoring this event
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I. Potential Triggers for an Internal Corporate Investigation and How Do Different Triggers Affect Conduct of Investigation? 1515 Market Street, 16 th Floor Philadelphia, PA 19102 www.conradobrien.com
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II. Who within the Company will oversee the Investigation?
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1515 Market Street, 16 th Floor Philadelphia, PA 19102 www.conradobrien.com III. Is There a Need for Outside Counsel and, if so, Who Should it be?
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1515 Market Street, 16 th Floor Philadelphia, PA 19102 www.conradobrien.com IV. Establishing Protocol for the Investigation
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1515 Market Street, 16 th Floor Philadelphia, PA 19102 www.conradobrien.com V. Litigation Holds/Data Collection
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VI. Issues Related to Witnesses 1515 Market Street, 16 th Floor Philadelphia, PA 19102 www.conradobrien.com
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VII. Can You Guarantee that the Results of and Information Uncovered During an Investigation can be Protected From Disclosure, Whether it be to the Government, Civil Litigants, The Media, or Elsewhere
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Identifying Relevant Witnesses 1515 Market Street, 16 th Floor Philadelphia, PA 19102 www.conradobrien.com VIII. Reporting Internally Regarding the Results of the Investigation – How Best to Protect From Involuntary Disclosure
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Witnesses 1515 Market Street, 16 th Floor Philadelphia, PA 19102 www.conradobrien.com IX. External Reporting of the Investigation’s Findings – To the Government
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Memos Regarding Witness Interviews 1515 Market Street, 16 th Floor Philadelphia, PA 19102 www.conradobrien.com X. External Reporting of the Investigation’s Findings – To Shareholders or the Public in General
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1515 Market Street, 16 th Floor Philadelphia, PA 19102 www.conradobrien.com XI. Use of Aspects of Investigation in Subsequent Litigation or Government Investigations Either by the Company or its Employees Who May be Facing Civil Litigation and/or Regulatory Investigations
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1515 Market Street, 16 th Floor Philadelphia, PA 19102 www.conradobrien.com XII. Handling the Media in the Event that an Investigation Becomes Public Record or if it is in the Company’s Best Interest to Make it Public
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