Canadian Lawyer InHouse

NOVEMBER/DECEMBER 2015 20 INHOUSE Whether it is probing allegations of cor- ruption overseas or something as poten- tially mundane as a star professional athlete allegedly conspiring with low-level employ- ees to defl ate footballs, the public brand of the company is going to be impacted by the quality of the internal investigation. As a re- sult, companies need to plan in advance how to deal with potential issues and not react on the fl y, after a potential trouble spot comes to its attention. At some point, "every company, especial- ly those with cross-border operations, is go- ing to have to conduct an internal investiga- tion," says Kristine Robidoux, a partner in the Calgary offi ce of Gowling Lafl eur Hen- derson LLP and a member of its white-col- lar defence and investigations group. "You need to have a detailed protocol in place," she explains, which provides a road map to investigate any type of alleged wrongdoing. She divides the potential misconduct into "high-incident, low-impact" concerns such as expense account fraud and "high- impact" situations, such as allegations of insider trading, data breaches, or foreign corruption. Regardless of the allegation, if you already have a template in place to decide what is going to be investigated and who will lead it (internally or externally), "you are halfway there," says Robidoux. One of the most common themes for companies where something has gone wrong is that they did not have an investigation plan in place in advance, she states. Jeremy Devereux, a partner in the To- ronto offi ce of Norton Rose Fulbright Can- ada LPP, says he believes a couple of trends are emerging in this area as a result of the increased spotlight on alleged corporate wrongdoing. Companies are increasing the resources applied to this area and there is "more rigour" put into the investigation process, including the development of protocols and templates, says Devereux, who is part of the fi rm's busi- ness ethics and anti-corruption team. Devereux agrees with Robidoux that set- ting up a framework for the response to var- ious types of allegations will make it easier and likely more cost effective for companies to deal promptly with these issues. There are times you will want someone completely independent when you are looking for a fact fi nder. JEREMY DEVEREUX, Norton Rose Fulbright Canada LLP '' '' CONNECT WITH IN-HOUSE COUNSEL COLLEAGUES AT LEXPERT.CA/CCCA Check out in-house counsel's best networking tool! The 2015/16 Lexpert CCCA/ACCJE Directory & Yearbook online edition is a user-friendly, outstanding key resource for all in-house counsel. Along with immediate access to more than 4,000 listees at more than 1,900 organizations, you'll also find fresh editorial content, information on deals and links to important resources. Directory listees and CCCA members can also receive log-in credentials for access to detailed contact information to be able to connect with colleagues or research the in-house bar. ANYWHERE. ANYTIME. ANY DEVICE. Untitled-1 1 2015-10-02 12:27 PM

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