Extract from Petra Pasternak’s article “How to Conduct an Efficient Internal Investigation with Greater Speed and Confidence”
A company typically launches an internal investigation in response to a potential crisis. The situation requires the General Counsel to make rapid-fire decisions.
An efficient internal investigation – whether in response to a data breach, a whistleblower complaint, subpoena, or some other source – requires careful planning. At a minimum, the legal, H.R., or compliance teams must determine the goals and scope of the inquiry, how to minimize business disruption and costs, when to involve outside counsel, and whether to make the results public.
The decisions GCs make at the very start can significantly impact the speed, success, and cost of an investigation.
Defining the Scope of an Investigation
Internal investigations of any size or complexity are a balancing act between efficiency and thoroughness. One of the most important decisions is defining the scope – how much information needs to be collected and reviewed, by whom, and within what timeline. And this call needs to be made from the get go.
The scope depends on the purpose of the inquiry. This often includes the gathering of facts and evidence, determining the extent of potential liability, and correcting any misconduct.
