Corporate and Internal Investigations

Most lawyers who conduct internal investigations have never tried a case against the government. Jim Parkman has, at the highest level American criminal law offers. His white collar defense practice is anchored by the defense that acquitted HealthSouth CEO Richard Scrushy on all 36 federal counts in a $2.7 billion fraud prosecution, a complete acquittal in a federal public corruption trial, and five decades in Alabama courtrooms since 1979, with recognition including the National Trial Lawyers Top 100 and the presidency of the Criminal Defense Trial Lawyers Association. That background changes investigation work in a concrete way. Someone who has picked apart the government's documents, cooperators, and forensic experts at trial knows precisely what a prosecutor will do with an interview memo or a suspicious ledger entry, and runs the investigation so the company or the client is protected against that future rather than surprised by it. It is the difference between an investigation that describes a problem and one that positions you to survive it.
If there is any chance the allegations touch criminal, regulatory, or serious civil exposure, yes, and the reason is structural rather than a sales pitch. Outside counsel's investigation is privileged. An internal team's investigation generally is not, and its work product becomes evidence. The cost of getting this wrong is handing the other side a prebuilt case with your company's letterhead on it.
It is the notice company investigation counsel gives before an interview: they represent the company, the privilege belongs to the company, and the company can waive it and share your statements with the government. If you hear those words and your own conduct is in the frame, pause the interview and get independent advice before continuing. That is not obstruction. It is self-preservation the law fully permits.
It can shape one, and sometimes prevent one. A credible internal investigation with genuine remediation is often the difference between a company treated as a partner and one treated as a defendant, and prosecutors weigh self-disclosure and cooperation in charging decisions. Whether to self-report at all is a serious strategic call with permanent consequences, which is exactly why the investigation must be run by counsel who understands the prosecution side of that calculation.
No. The quiet period is when a defense investigation accomplishes the most: preserving favorable evidence, identifying witnesses, and preparing pre-charge advocacy before positions harden. Waiting feels safer because nothing visible is happening, but investigations mature in silence, and the person who moves last inherits everyone else's version of events.
Privilege protects the legal analysis and communications when the investigation is structured correctly from the start, which is precisely why structure comes first. It does not make underlying facts disappear, and it can be waived, intentionally or sloppily. Investigations that begin informally and get lawyers involved later usually discover that their most sensitive early documents live outside the protection.
850 Corporate Pkwy #100,
Birmingham, AL 35242
Available 24 hours a day, 7 days a week