With so many businesses in lock-down, many internal investigations will have to be conducted remotely, with investigation teams, employees, external counsel and other providers working from home for the foreseeable future. As well as the technological requirements and the practical and interpersonal challenges they will entail, there can be additional legal risks to consider.
This guide explores the key practical and legal issues that investigators should have in mind when carrying out their work on internal investigations remotely including planning, privilege, interviews and employment rights, data gathering and protection and reporting.
- It may be prudent to postpone the investigation
- Plan and scope the investigation to avoid delays, excessive costs and legal exposure
- Understand privilege risks
- Prepare for remote interviewing
- Control and preserve relevant company data
- Obtain advice before reporting internally