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Compliance fuels rise in internal investigations
One industry that seems to have benefited from Sarbox is the legal industry. The number of internal investigations led by outside attorneys appears to be growing fast. According to a recent Fulbright & Jaworski survey, litigation has also surged, as have arbitrations and regulatory proceedings. For attorneys, this is a virtuous cycle that doesn't appear to be abating anytime soon. The recent stock options scandals have been an added boost. While all this entails costs, the benefits from a compliance point of view are obvious. Such investigations send a message to regulators that a company is bent on correcting problems. The Securities and Exchange Commission and the Justice Department have made clear that a company's zeal in discovering problems can be a factor in whether they decide to bring an action.
For more:
- Here's the survey
- Here's a summary from the New York Law Journal
- Will D&O insurance cover the legal costs of the options probes? Article
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