Due Diligence on Edward Snowden: Did Someone Blow It?
Plenty of news outlets are tracking hour by hour the efforts of Edward Snowden, the man who leaked highly confidential government documents obtained using top-secret security clearance, to find asylum from criminal charges in the U.S. We do…
When Go Turns to Stop in an Investigation
When does green not mean go? As toddlers we drive with our parents and learn that green means go, yellow means caution and red means stop. But then later on, in driving and in life, we learn that green means “go, as long as…”…
The Library’s Hidden Treasure: Librarians
When they’re stuck on a piece of research in my course on fact investigation, I often tell my law students that the loneliest people in the world are waiting to help them: reference librarians. That line came to mind this week after I…
Sealed Court Documents During Due Diligence
Over the past few days we’ve dealt with two cases where our clients were deeply invested in the question of whether or not the contents of sealed court documents could be made public. And our answer to both of them was the same: If someone…
The Half-Life of Facts: Required Reading for Lawyers
A wonderful new book called The Half-Life of Facts by Samuel Arbesman makes riveting reading for anyone in the business of gathering information. Don’t let the fact that the author is an applied mathematician scare you off. Arbesman keeps…
Local Public Records: Offline and On Foot
On Election Day, it's useful to remember that Speaker of the House Tip O'Neill's famous assertion that "All politics is local" can apply to investigations as well.
When we're tasked with a public records search, our clients expect that we'll review federal and state government records. What they may not realize, though, is that an exhaustive public records search also requires digging through local public records, which may be a treasure trove of offline information unavailable elsewhere. Remember, though: There's local and then there's local. Think of it as gradually smaller geographic circles until you hone in on where the person you're investigating actually lives or works.
Avoiding Due Diligence Failure: Follow Up on All Red Flags
This blog takes no position on the malpractice allegations by HSBC that its law firm, Troutman Sanders, dropped the ball on its due diligence of a borrower who ended up costing the bank $75 million when the borrower put fake securities up as collateral. You can read about the lawsuit here and here.
Due Diligence on Expert Witnesses: Assume the Worst
For expert witnesses, websites abound that help to connect a particular specialty with the trial attorneys who may need someone to speak about pediatric cardiology, warning labels, or the particulars of earthquake insurance. Fewer in number are the people who can sort through the experts' backgrounds.
Due Diligence for Employees and Small Businesses: Turnaround is Fair Play
One of the biggest misconceptions about due diligence is that it is a one-way street. People assume that either they are scrutinized or doing the scrutinizing, but never the twain shall meet. But this shouldn't always be the case. In some instances, the person under the microscope also has a responsibility to make sure that they subject the other party to thorough due diligence.
Name Searches: Options Abound
A good investigation begins with the information the client has provided, but it certainly does not end there. In cases where an investigation fails to yield any viable results, among the first steps is to challenge the information given. After all, as we've said in our article for InsideCounsel,"5 Tips When Searching for Assets," you don't know what you don't know.
For a person search, this might mean questioning the name provided. There are enough variations in names to allow for numerous other search terms that might be more fruitful.
