Tips to Help Investigation and White Collar Crime Lawyers Serve More Efficiently

The field of law is wide, giving lawyers a vast quantity of depth and strength in different geographical areas. They use their knowledge in their fields of specialization to help clients navigate issues and reach practical solutions. This article examines a few challenges lawyers face and the best way to respond to them.

1. On Self-reporting and Cooperation

A lawyer can face tough decisions regarding how to self-report or cooperate with authorities – or if at all they should. Furthermore, it does not help that authorities do not all have the same record of active enforcement. Cooperation has benefits and drawbacks, which vary by jurisdiction, including substantial discounts on fines for companies that plead guilty before conviction.

Your response: first, consider the time and cost of cooperating and the potential financial and reputational upside. Then, compare this with what might happen if the company did not cooperate but took a more passive stance.

2. On Your Data

Cybersecurity will always be a priority, although the risks have increased thanks to the post-pandemic economic environment. Critical cybersecurity threats include a 300 percent increase in ransomware attacks and denial of service attacks. The compliance and enforcement agendas of many authorities will always choose cybersecurity as a favorite.

Your response: invest in experienced cybersecurity personnel and strong defenses as you implement robust procedures that keep a business ready. The business should be ready to react to, respond to, and deal with incidents on time while considering stakeholders’ concerns.

3. On Unmonitored Business Communication Channels

It is common to find unauthorized use of unsanctioned personal devices and encrypted communication software applications. Meanwhile, this is significantly risky to those in regulated sectors and limits internal investigators’ prompt access to facts when there is a misconduct allegation. The Department of Justice has issued new guidance for all companies, including but not limited to those in highly regulated sectors.

Your response: Heads of Risk need to ensure the active policing of employment policies and agreements to ensure they fit their purpose. For example, they can specify that under no circumstances should anyone use personal devices for business purposes. Also, you can investigate how technology can aid quick and effective data review to pinpoint vital communications during an investigation.

4. On Supply Chain Pressures Leading to Misconduct

There is an increased pressure on supply chains due to the post-pandemic pressures and Russia’s invasion of Ukraine. Meanwhile, the pressure to find solutions can lead to misconduct and violation of laws on financial sanctions, bribery and corruption, and terrorism financing. Plus, specific supply chain due diligence laws and enhanced expectations can mean the misconduct will go unnoticed.

Your response: ensure the sharing of commercial knowledge on pressure points among those responsible for providing risk-based policy training. Furthermore, you can mitigate those risks by identifying personnel or areas of higher risk using geographies and current events. You also want to check the local controls as well as their oversight.

5. On Corporate Accountability on Human Rights and Environmental Issues

There is bound to be increased scrutiny of corporate behavior, with higher standards of corporate accountability manifesting in various ways globally. Also, a broader range of stakeholders are experiencing a massive amount of pressure from employees, activist shareholders, and others. According to attorney David Lish of Grand Canyon Law Group, “All of these happen because people use litigation and reputational levers to hold companies accountable for human rights violations.”

Your response: Companies should check to ensure their whistleblowing and compliance procedures are in order. If misconduct is suspected or confirmed, internal investigations should consider the real risk of follow-on criminal or civil litigation.

Conclusion

Corporations and businesses face a wide variety of challenges. It is on their lawyers to help them navigate these challenges and proffer effective solutions.