Conducting Internal Corporate Investigations: Collecting and Preserving Evidence, Maintaining Privilege

Description

There are many legal, business, and ethical issues inherent when companies undertake internal investigations of alleged wrongdoing. Counsel must guide clients through a myriad of complex and strategic decisions. Internal investigations may be triggered for various reasons from within and outside the company, including an internal whistleblower complaint or a request for information, subpoena, or enforcement action by an external regulator, including the U.S. Department of Justice, the U.S. Securities & Exchange Commission, the Commodity Futures Trading Commission, the Office of Foreign Assets Control, and state attorneys general.

Conducting an effective internal investigation has many benefits, although there are also risks. Some of the benefits include eliminating bad actors or unacceptable business practices, optimizing business value and reputation, and mitigating or perhaps even eliminating potential sanctions from government regulators. Some of the risks arise in the context of potential disclosure and self-reporting, public and media issues, costs and disruption to the business, and in collateral proceedings, including private civil litigation.

During the actual investigation and interviewing of witnesses, in-house and outside counsel must make every effort to preserve all relevant data, written documentation, emails, texts, instant messages, and voicemails. Any automated deletion technology should be suspended and legal holds should be issued to the appropriate individuals. It is also imperative to manage attorney-client privilege, work product protection, and confidentiality considerations.

Listen as our authoritative panel of attorneys addresses the benefits and risks of internal investigations and pre-investigation and post-investigation steps that must be considered in this heightened era of corporate scrutiny and enforcement. The panel will also offer best practices for conducting internal investigations to mitigate litigation risks for the company.