Extract from Cat Casey’s article “Tackling eDiscovery for Internal Investigations”
For corporate legal departments, the threat of internal misconduct is substantial and rapidly increasing in frequency and scale of impact. While it is easy to envision the largest threat to your organization as an external bad actor, the reality is that sometimes the biggest threats come from the trusted internal professionals within an organization. This poses unique challenges to in-house counsel in terms of the need for utmost confidentiality, speed, and thoroughness when conducting internal investigations.
While most practitioners think of litigation when the term eDiscovery is bantered about, the application and benefit of using said technology in the context of a high-stakes investigation are substantial. When managing Electronically Stored Information (ESI) in the investigation process, the volume, and variety of data are often no less daunting than large-scale litigation and the time and cost pressures may even outpace litigation.
Flavors of Internal Investigation
Internal investigations come in a variety of flavors, with differing end objectives and considerations for effective execution.