INVESTIGATIONS, AUDITS AND SPECIAL COMMITTEE REPRESENTATIONS: DESCRIPTION

Often institutions and people are unfairly damaged when allegations of corporate misconduct are raised before facts are known about a situation. Today's media and technology enable instantaneous global dissemination of negative publicity without a forum to assess its accuracy before damage is done to a company's reputation. Due to a lack of objective fact-finding and reporting, crises are often resolved by public perceptions without regard to the actual facts. Public perception is that investigations through internal resources or existing outside counsel are not credible due to a lack of independence, objectivity and uniform standards for integrity and impartiality. A loss of credibility with the public can lead to a devastating erosion of brand loyalty.

We are able to assist clients in identifying and engaging independent fact finders to conduct special or independent investigations. We assisted the American Arbitration Association (AAA) in its recent development of the AAA Independent Fact-Finding Service. This unique service can provide independent factual and legal investigations and reports to corporations (as well as non-profits, judges, elected officials and others) seeking objective, independent reports or recommendations regarding factual or legal questions facing them. These matters can include, for example, serving as special independent counsel to a committee of independent directors in response to a shareholders' derivative claim or to an audit committee or committee of independent directors charged with investigating and reporting on legal or factual questions facing a company. While a cottage industry of independent fact-finders has grown up that partially serves this growing need, the AAA service is the only institutional solution available and McKenna Long & Aldridge is uniquely positioned the help clients utilize this solution.

Our lawyers also participate in criminal and civil investigations involving the Securities and Exchange Commission, the Department of Justice, local U.S. attorney's offices and various investigative services. When accusations turn to fraud, we have an active and highly regarded white collar defense practice that includes former federal prosecutors, each with may years of criminal jury trial experience. We defend clients at all stages of the investigative and enforcement process, most often against allegation of sophisticated criminal and civil fraud. We also assist clients in identifying and engaging independent fact finders to conduct special or independent investigations.