Course | Columbia Law School

In recent years, an increasing proportion of litigation practice has fallen into the category of "internal investigations." Most frequently associated with white collar or regulatory matters, investigations can be triggered any time an institution decides, to examine its conduct or that of one or more of its personnel.

Investigations involve significant fact-intensive work, much of it done without reference to formal rules governing fact discovery, leading to complicated logistical issues and calling on both "hard" and "soft" skills. In addition to familiarity with areas of relevant law, the investigator will usually have to understand or learn the investigated entity's business, its industry or (in the case of inquiries into non-profits and government agencies) its mission. The lawyer?s role as advocate differs among varying types of investigations, including those for special or audit committees of boards; for management; and for monitors or special masters, as does the way in which such inquiries are managed and executed.

Grading will be based on a combination of two to four short reaction papers, one longer paper, and class participation, including brief oral presentations.

Using reports of recent investigations across a range of industries and agencies, this seminar will look at legal and logistical issues arising in this important area of practice. We will also meet occasionally with guest speakers who work in this field.