In her recent decision in United States v. Connolly
, Chief Judge McMahon of the U.S. District Court for the Southern District of New York sharply criticized the Department of Justice for “outsourc[ing] its investigation” of LIBOR manipulation to Deutsche Bank and its outside counsel. The decision provides a rare glimpse into how companies balance their fiduciary obligation to conduct their own internal investigations with their sensible desire to cooperate fully with government authorities and their investigations, Cravath partner Benjamin Gruenstein and associate Charles Loeser
argue in a guest article. See “Updates to the Corporate Enforcement Policy Attempt to Address Company Concerns
” (Apr. 3, 2019).