Volume 10, Number 10 • November 2003 Ten Tips for Handling Sensitive Investigations Practical Advice You Need in the Sarbanes-Oxley Era By Robert W. Tarun The Enron, Tyco and WorldCom scandals have greatly heightened the fiduciary duties of directors and officers and the scrutiny paid to them. The spotlight on corpora- tions and their managers is likely to shine brightly for years to come. This article offers ten prac- tical tips for handling sensitive investigations in an era where shareholders, prosecutors, regula- tors and courts are likely to scruti- nize the response of organizations to inevitable episodes of suspect- ed corporate misconduct. L Consider whether an out- side law firm with little or no relationship to the company will better serve the objectives of an independent investigation In matters potentially implicit ng senior corporate executives the Board of Directors or Audit continued on page 5 We're Online! Business Crimes Bulletin now has its own Web site. Features include: • Searchable archives • calendar of Events • current and past issues by article or in hill PDF format • Feedback on articles • Subscription management Visit us at www.ljnonline.com/ alm?buscrimes Court-Imposed Waiver of the Joint-Defense Privilege By Jacqueline C. Wolff and Alan Vinegrad ost defense attorneys enter into joint-defense agreements with the under- standing that even if one of the signatories decides to withdraw from the agreement and cooperate with the government, the confidentiality provi- sions survive. Such agreements routinely include language like this: "In the event that any client ... engages in negotiations or enters into any agree- ment with any third party that is in any respect ... inconsistent with the continued sharing of information under this Agreement, such client shall be deemed to have withdrawn from this Agreement and shall refrain from disclosing to the third party any joint-defense materials. No atto