Article
General Counsel’s Decision Tree for Internal Investigations for the Energy Industry
January 24, 2024

Energy companies regularly encounter situations for which an internal investigation may be required to determine how the organization should respond. These range from industry-specific concerns, such as those related to potential noncompliance with regulatory requirements, to more general concerns applicable to corporations and partnerships generally, including Foreign Corrupt Practices Act (FCPA) compliance, data breaches, whistleblower complaints, risks introduced by the use of third parties and human resources issues. While having a robust compliance program can help avoid many issues, not all issues can be foreseen or avoided. This internal investigations playbook has been designed to facilitate the identification and remediation of issues effectively and consistently and is an important complement to a well-designed and functioning compliance program. It also will facilitate the in-house team’s communications with outside counsel, who help them spot and defuse these precarious situations. In addition, adherence to a well-crafted playbook helps companies meet the expectations of enforcement authorities, such as the U.S. Department of Justice (DOJ), the U.S. Securities and Exchange Commission (SEC), and state attorneys general (as well as others), which can materially mitigate potential enforcement efforts and sanctions.

Authors
Brandt Leibe
Partner
Special Matters & Government Investigations
Grant W. Nichols
Partner
Special Matters & Government Investigations
Karl R. Heisler
Partner
Government Matters & Regulation
Randall J. Butterfield (Randy)
Partner
Government Matters & Regulation
Patrick M. Collins
Partner
Special Matters & Government Investigations
Amina S. Dammann
Partner
Government Matters & Regulation
Daniel F. Donovan (Dan)
Partner
Special Matters & Government Investigations
Joseph A. Eisert
Partner
Government Matters & Regulation
Zachary Fardon
Partner
Special Matters & Government Investigations
William T. Gordon (Bill)
Partner
Corporate
Douglas A. Henderson
Partner
Government Matters & Regulation
Andrew C. Hruska (Drew)
Partner
Special Matters & Government Investigations
Peter Hsiao
Partner
Government Matters & Regulation
William Johnson (Bill)
Partner
Special Matters & Government Investigations
Alec Koch
Partner
Special Matters & Government Investigations
Paul B. Murphy
Partner
Special Matters & Government Investigations
Granta Nakayama
Partner
Government Matters & Regulation
Alicia C. O'Brien
Partner
Special Matters & Government Investigations
Michael R. Pauze
Partner
Special Matters & Government Investigations
John C. Richter
Partner
Special Matters & Government Investigations
Ilana Saltzbart
Partner
Government Matters & Regulation
William J. Sauers (Bill)
Partner
Government Matters & Regulation
Richard Sharpe
Partner
Special Matters & Government Investigations
Kyle Sheahen
Partner
Special Matters & Government Investigations
Aaron Stephens
Partner
Special Matters & Government Investigations
Cliff Stricklin
Partner
Special Matters & Government Investigations
Cynthia AM Stroman
Partner
Government Matters & Regulation
Jean Tamalet
Partner
Special Matters & Government Investigations
Courtney D. Trombly
Partner
Special Matters & Government Investigations
Sally Q. Yates
Partner
Special Matters & Government Investigations
Desi Hamilton
Senior Associate
Special Matters & Government Investigations
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