Internal Investigations and Incident Response

Katten routinely conducts extensive internal investigations for clients across a wide spectrum of industries and areas of law. In the environmental arena, our attorneys are prepared to launch and direct internal investigations and evidence preservation initiatives under the Clean Water Act, the Resource Conservation and Recovery Act, and the Clean Air Act, among other worker safety and environmental regimes—whether the investigation was triggered by a release to the environment, a whistleblower, a citizen complaint, an internal audit finding, a search warrant, a grand jury subpoena or otherwise. Drawing upon a deep bench of former prosecutors, environmental attorneys, and forensic and subject matter consultants, Katten is uniquely situated among its peer firms to respond immediately and comprehensively to environmental and worker safety concerns, enabling our clients to make informed and timely decisions.

Our team is also prepared to help companies respond quickly and efficiently to environmental or safety incidents, non-routine inspections, the execution of search warrants, grand jury subpoenas and agency information requests. When circumstances require immediate action, our attorneys work in well-coordinated teams.

• Our Enforcement Response team coordinates with in-house counsel to direct the company’s communication with, and response to, government enforcement agencies. We initiate immediate fact-gathering, prepare for an initial meeting with the relevant agency, and coordinate the involvement of the other teams.
• Our Internal Investigation team coordinates the review and analysis of information as part of the company’s internal investigation. We set up initial information sessions with key personnel, develop the company’s response plan, gauge the company’s willingness to cooperate in the investigation, educate employees on their rights and responsibilities, review potential records preservation issues and methods of reporting compliance issues, and develop lists of interviews to conduct and documents to review.
• Our Records Preservation team facilitates the preservation of records relevant to the government investigation or the company’s internal investigation. We coordinate the issuance of a preservation order to employees, assess the need for outside consultants, and develop and execute a records preservation plan.
• Our Regulatory Analysis team provides advice and counsel on the substantive area of law implicated in the incident or investigation. This team, which may include third-party subject matter experts subject to derivative privilege, coordinates responses to state and federal information requests in conjunction with a field verification team comprising in-house counsel, facility engineers, operators and the like.

Professionals