Internal Investigations

Our Internal Investigations practice assists corporations, boards of directors, special committees, and audit committees in connection with internal investigations of all sizes. Our work has ranged from discrete investigations in response to an anonymous employee complaint to wide-ranging investigations conducted against the backdrop of ongoing litigation and/or regulatory and criminal investigations.

Our background in criminal and regulatory matters makes us well-suited to conduct all aspects of the investigation, including interviewing employees at all levels, reviewing complex business and financial documents, and working in conjunction with forensic accountants and other experts. In connection with our work, we provide interim and final investigative reports, which may include formal board presentations and detailed written analysis. Our focus is on delivering comprehensive, reliable investigative results while acting efficiently and remaining mindful of client cost considerations.

Key Contacts

All Attorneys

Cohen & Gresser has been selected for inclusion in the GIR 100, Global Investigation Review’s annual guide to the world’s leading law firms for investigations. The guide notes that C&G’s “reputation in the investigations space is soaring,” and highlights the firm’s “high-profile hires,” “big cases,” and  “important victories” in the United States, France, and the UK.
Cohen & Gresser announces the expansion of its white collar defense offering with the appointment of Tim Harris as a senior associate in the firm’s London office. Tim brings a long track record as a financial crime lawyer and will focus primarily on white collar matters, including internal and regulatory investigations. He also provides noncontentious advice with respect to tax evasion, antibribery and corruption, and antimoney laundering regulations.
Cohen & Gresser announces the expansion of its London office and White Collar Defense & Regulation group with the appointment of partner John W Gibson. A former UK Serious Fraud Office (SFO) senior prosecutor, John will focus his practice on cross-border corporate investigations and white collar defense. He has over 25 years of experience as a barrister, and advises on all matters relating to law enforcement, regulatory and internal investigation of suspected crimes and regulatory breaches, as well as the defense of companies and individuals. In addition, John has expertise in data strategy and the use of artificial intelligence (AI) in big data litigation and investigations.

C Evan Stewart recently led a panel discussing attorney-client privilege in the context of internal investigations, which was covered in Boomberg BNA's Corporate Counsel Weekly

Muriel Goldberg-Darmon explains the specific regime of navigating whistleblowing within the French financial sector through the internal procedures of financial institutions and external procedures of the French Financial Market Authority (AMF) and the French Banking Authority (ACPR).

Regards croisés entre Muriel Goldberg-Darmon et Angéline Duffour, associées spécialisées respectivement en Compliance et Droit social.

(Muriel Goldberg-Darmon and Angéline Duffour discuss internal investigations and the associated employment law risks.)

Lawyers who represent public companies are faced with a problem about which most are clueless. In a number of states (including New York), lawyers’ confidentiality obligations are at odds with the requirements mandated by the U.S. Securities and Exchange Commission. Is there a way out of this conundrum? Mr. Stewart attempts to get to the bottom of this matter in his latest article in the New York Law Journal.

Muriel Goldberg-Darmon, Associée du cabinet Cohen & Gresser à Paris et leader du Chapitre Français du Women’s White Collar Defense Association (WWCDA), a organisé un webinar à la suite de la publication par le CNB du guide « L’avocat Français et les enquêtes internes » au cours duquel Sophie Scemla, Avocat Associée chez Gide membre du groupe de travail du CNB, est intervenue sur le thème de la désignation de l’avocat et du secret professionnel.

Partner Muriel Goldberg-Darmon, the leader of the French Chapter of the Women’s White Collar Defense Association (WWCDA), hosted a breakfast at Cohen & Gresser’s Paris office relating to the publication of the Conseil national des barreaux’s (CNB) Guide “The French Lawyer and Internal Investigations,” during which Sophie Scemla, a partner at Gide and a member of the CNB working group, spoke about appointing a lawyer and legal privilege.

Jonathan S Abernethy spoke on a panel about defending individuals in corporate internal investigations and related prosecutions at this year’s IBA Annual Conference in Seoul.
Partners Muriel Goldberg-Darmon and Angéline Duffour spoke at a roundtable on “Grey areas in privilege” during the Women in Investigations conference in London on June 28, 2018. The panelists were: Jane Shvets, Partner at Debevoise & Plimpton, Polly Sprenger, Partner at Katten Muchin Rosenman, Mona Vaswani, Partner at Allen & Overy, and Muriel Goldberg-Darmon, Partner at Cohen & Gresser. The moderator was Martina de Lind van Wijngaarden, Partner at Freshfields Bruckhaus Deringer. Muriel discussed the French Bar rules regarding privilege and internal investigations as well as cross border investigations (DOJ investigations and AMF/SEC investigations). Angéline spoke about specific issues in France regarding employment law (disciplinary sanctions and protection of employees).

John was the keynote speaker at the 2018 Global Investigations Review Conference.

The webinar features Partner Jonathan S Abernethy and Global Head of Investigations for AIG, Andrew Curtin, for a special webcast focusing on managing legal and cultural risks in cross-border investigations. It covers:
  • Handling multi-jurisdictional approaches to privileged communications in the aftermath of the recent UK decision in Eurasian Natural Resources Corporation Ltd. and The RBS Rights Issue Litigation.
  • Identifying potential cultural challenges and local laws that may impede an effective investigation and prevent a one-size-fits-all approach to designing internal processes and procedures within multinational organizations.
  • Implementing best practices when preparing for and coordinating effective internal investigations across international lines.
The faculty presenting this program will cover all aspects of the Financial Industry Regulatory Authority (FINRA) arbitration process, including prehearing matters, motion practice, hearings, and awards, and will also provide a detailed guide to FINRA investigations and enforcement actions. Leveraging outcomes from recent cases and investigations, the aim of this presentation is to arm participants with the tools and knowledge needed to effectively litigate for their clients who may find themselves as parties in these types of proceedings. To register, please click here

The panel will address best practices for corporate counsel assisting boards of directors in fulfilling their corporate governance responsibilities, including the various ethical issues that may arise in evaluating an acquisition, conducting an internal investigation or other situations.