Independent Investigations Practice
DeMoura|Smith lawyers are regularly called upon by businesses and institutions,
and their legal counsel, to conduct independent investigations of allegations
of misconduct of every kind, including Title IX, sexual assault, sexual
harassment, breach of fiduciary duty, violations of law and violations
of corporate or institutional policies. The subjects of our investigations
have included presidents, officers, employees, faculty, athletic coaches,
In serving as independent investigators, DeMoura|Smith attorneys recognize
the vital importance of the institution’s full cooperation; having
unfettered access to material information; and being allowed to follow
the facts wherever they might lead using the means and methods deemed
necessary and appropriate by the investigators, in their sole judgment
Investigations are complex and sensitive. DeMoura|Smith’s attorneys
make use of their litigation background and trial practice skills to conduct
a thorough and impartial inquiry and produce timely reports of their findings.
The inquiry includes, among other things, a thorough examination of statutes,
cases and related regulations; examination of the institution’s
policies and procedures; personnel records; interviews of witnesses and
others; examination of the evidence including computer forensic evidence,
videos, photos, police reports and the like; investigation into e-mail
and social media accounts; interaction with counsel for anyone involved;
and interaction with appropriate outside agencies including regulatory
agencies and law enforcement. Time is often of the essence in such matters.
When we act as independent investigators, we are not acting as legal counsel
or providing legal advice to the institution. In conducting the investigation,
we observe all state and federal laws, as well as our ethical obligations.
Any information provided to us will, to the extent permitted, be kept confidential
and destroyed upon the conclusion of the investigation, unless subject
to a subpoena, court order or other legal process.
For additional information concerning the firm’s investigations practice
or a confidential consultation, please contact:
Robert B. Smith