December 19, 2008

In this article, Partners Kenyanna M. Scott and Andrew Weissmann and Associate Daniel B. Tehrani address the significance of the 2004 indictment of two high-ranking Computer Associates employees who had allegedly concealed material information about the company’s fraudulent practices during an internal investigation in connection with a federal investigation for accounting fraud.  According to the article, the fact that the Department of Justice could charge the employees with obstruction of justice based on statements they made to private company counsel ”immediately and perhaps permanently changed the dynamic of internal investigations.”  The article discusses the indictment’s implications for how companies and their corporate counsel should approach internal investigations and for how they choose to phrase the standard Upjohn warning given by company counsel at the commencement of employee interviews.