As risks of liability continue to abound, businesses and public entities seemingly are devoting more time and resources to conducting investigations. The stakes can be high, as inadequate investigations can and have led to legal liability and substantial negative publicity.
Kagan Stern attorneys have been retained by publicly and privately held companies, non-profits, quasi-public entities, and in the university setting to conduct highly sensitive and complex investigations, as well as serve as outside counsel to provide advice on such investigations. Our attorneys have substantial experience investigating highly sensitive allegations of unlawful discrimination and harassment, sexual misconduct, fraud, drug use and distribution, and other illegal activity and misconduct. The length and complexity of our investigations have spanned a few days to several months.
Whether serving as an investigator or an advisor to an investigation, we are guided not only by applicable law, but the wealth of practical experience our attorneys have gained from the investigations we have conducted and guided over many years. For example, at the commencement of an investigation, we discuss strategic options with our clients to evaluate which role we should serve as attorneys, as that decision can have significant ramifications later if the matter proceeds to litigation. During the course of an investigation, our attorneys are highly skilled at putting witnesses at ease, dealing with difficult or uncooperative witnesses, asking probing and relevant questions, locating and compiling large volumes of documents and other information, and communicating with stakeholders involved in the investigation. At the conclusion of an investigation, when serving as investigators, we provide well-documented reports/findings or, if serving in an advisory capacity as legal counsel, we help guide our clients to take appropriate remedial action.