Brad Brian, Lisa Demsky Publish Leading Book on Internal Investigations

LOS ANGELES – Nov. 29, 2017 – Munger, Tolles & Olson LLP Co-Managing Partner Brad D. Brian and litigation partner Lisa J. Demsky published the fourth edition of the American Bar Association’s Internal Corporate Investigations.

As the leading authority on internal investigations, the book was heralded by former Securities and Exchange Commission Chairperson Mary Jo White as “the guidebook that companies and their counsel need to carry with them in the trenches.”

Tony West, executive vice president, government affairs, general counsel and corporate secretary of PepsiCo, called the book a “must-read for anyone who practices in this area.” John Schultz, executive vice president, general counsel and corporate secretary of Hewlett Packard Enterprise, described the book as “an invaluable guide.”

As the regulatory environment has evolved over the last quarter century, the book similarly kept pace in order to provide insight into “the difficult issues that arise in every internal investigation and to successfully navigate regulators’ new and bolder approaches to enforcement,” Ms. White noted in her foreword.

The book delves into each phase of an internal corporate investigation, giving insights both for outside counsel conducting investigations and those supervising the work. Internal Corporate Investigations is not limited to just the nitty gritty of conducting the investigation. It embraces understanding a host of complex issues, including those that arise when criminal authorities are involved or derivative proceedings are brought. In addition to highlighting themes common to all investigations, the book discusses particularly complex areas of the law, such as health care, antitrust and securities.

Mr. Brian, with experience in more than 100 internal investigations, has served as a co-editor of the book for 25 years. He brings extensive experience both from his work as a former assistant U.S. attorney and as a nationally recognized defense and trial lawyer. Mr. Brian is well-known for his straight and practical advice and defense of clients in difficult – often bet-the-company – situations. A former chair of the ABA Section of Litigation, Mr. Brian is a Fellow in the American College of Trial Lawyers and the International Academy of Trial Lawyers, and he is ranked by Chambers USA as one of the top 21 trial attorneys in the country.

Ms. Demsky’s practice focuses on internal investigations, white-collar defense and complex commercial litigation. Her debut as an editor of the book stems from the breadth and depth of her experience. During the past 20 years, Ms. Demsky has conducted numerous domestic and international investigations, including in the areas of government contracts, aerospace, and FCPA and sanctions compliance. She is a seasoned litigator and trial lawyer who represents a broad range of clients in business litigation throughout the country. 

Munger, Tolles & Olson partner Gregory J. Weingart authored the chapter on Sarbanes-Oxley and drew upon his experience as a former assistant U.S. attorney where he served as chief of the office’s Major Frauds Section and head of the Securities and Commodities Fraud Task Force. A seasoned trial lawyer, Mr. Weingart has also handled numerous internal investigations, particularly with regards to public companies, including many financial and securities industry clients. His deep knowledge of the securities industry was honed by working with clients such as Wells Fargo, Bank of America, Citi, Western Asset Management and DoubleLine.

The book was co-edited by Barry F. McNeil at Haynes and Boone, LLP. 

Internal Corporate Investigations is available for purchase on the ABA website.