With the growing need for special investigations in the corporate area, Jackson Walker has combined assets from its Litigation and Corporate and Securities practice areas to formalize the firm’s traditional approach to conducting investigations for corporate fiduciaries. The new practice area is also able to call upon resources from Jackson Walker’s Labor and Employment and Healthcare regulatory practice areas. Through this multidisciplinary approach, Jackson Walker is able to conduct independent investigations with experience, discernment, and caution, and advise our own corporate clients and audit committees in the event that they find themselves conducting or otherwise involved in an independent investigation.
Since the passing of Sarbanes-Oxley, the firm has responded to the growing number of requests for independent investigations from corporate audit committees and general counsel. Jackson Walker assists corporate clients as outside counsel in recognizing potential problems or issues and in providing advice and counsel in the event they face the prospect of an independent investigation. It is Jackson Walker’s goal to provide expeditious, thorough, and independent investigations that will aid companies faced with the need for an internal audit under Section 10A of the Securities Exchange Act of 1934 or as a result of an ethics hot line call, a whistleblower complaint, or other breach of corporate policy. We regularly retain top notch forensic accounting consultants, sift through and analyze vast e-media populations, and conduct appropriate interviews to get to the root of the subject of the investigation.
Additionally, as federal securities laws, including Sarbanes-Oxley, require that corporate leadership maintain adequate controls over their systems, our Cybersecurity practice focuses on advising boards about the creation of risk assurance committees to run tandem to the audit and other board level oversight committees. The Cybersecurity programs we develop include certain key elements such as chain of responsibility; identification of material risks to the security of the company; adoption of administrative, physical and technical safeguards that are to be applied to protect the confidentiality and integrity of information; and continuous testing and monitoring of the program once implemented.
Our attorneys bring a broad range of experience to a special investigation. Our attorneys have experience in civil litigation, corporate and accounting issues, electronic or e-media recovery and review, securities litigation, covering litigation of securities, RICO, accounting issues, arbitration of securities matters, class action securities proceedings, securities law compliance, antitrust, environmental, tax, and government matters. The Special Investigations practice supplements our historically strong fiduciary advice practice. Our lawyers have for many years represented independent committees and controlling stockholders in connection with merger and acquisition, change of control and affiliated party transactions. In addition, our lawyers have substantial experience advising special litigation committees and corporations that are the subject of contests for corporate control.
A few of the issues faced in our special investigations include:
- Revenue recognition and timing
- Foreign Corrupt Practices Act issues
- Internal controls
- Employee defalcation
- Insider trading
- Booking of accounts receivable reserves and adjustments
- Inventory reserves and controls
- Deferred revenue reporting and calculation
- Suspected earnings “management”
- Fraud and Abuse
- Adequacy and implementation of internal controls
- Round tripping
- Contract testing
- Compensation issues
- Banking and Healthcare related privacy issues