In the recent U.S. v. Connolly decision, the U.S. District Court for the Southern District of New York found that the government “outsourced” a criminal LIBOR investigation to Deutsche Bank and its outside counsel, and thereby violated defendant Gavin Black’s Fifth Amendment rights when outside counsel interviewed the defendant under threat of termination from his employment.  

The Court’s exposition of the “outsourcing” issue has broad implications for internal investigations and corporate cooperation, but it need not end internal investigations or corporate cooperation as we know them. In the article below, the attorneys outline basic precautions that Government enforcement lawyers and corporate defense counsel can take to avoid similar rulings in the future.

Click here to read the full article published on the NYU Compliance & Enforcement Blog.