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Key considerations for conducting internal investigations remotely

28 April 2020

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. 

Key takeaways:

  1. It may be prudent to postpone the investigation
  2. Plan and scope the investigation to avoid delays, excessive costs and legal exposure
  3. Understand privilege risks
  4. Prepare for remote interviewing
  5. Control and preserve relevant company data
  6. Obtain advice before reporting internally
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Key considerations for conducting remote investigations
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Authors

Picture of Caroline Hobson
Caroline Hobson
Partner
London
Brian Sher
Brian Sher
Partner
London
Catherine Taylor
Catherine Taylor
Partner
London
Steven Cochrane
Steven Cochrane
Partner
London
Picture of Omar Qureshi
Omar Qureshi
Partner
London
Picture of Colin Hutton
Colin Hutton
Partner
Edinburgh
Picture of Grame Macleod
Graeme MacLeod
Partner
Edinburgh
Picture of Emma Burnett
Emma Burnett
Partner
London
Picture of Jan Burgess
Jan Burgess
Partner
Aberdeen
Chris Horsefield
Chris Horsefield
Partner
Sheffield
Rachel Cooper
Rachel Cooper
Partner
Manchester
Picture of Olivia Jamison
Olivia Jamison
Partner
London
Lukas Rootman
Lukas Rootman
Partner
Sheffield
Elisabeth Bremner
Elisabeth Bremner
Partner
London
Picture of Alison McHaffie
Alison McHaffie
Partner
London
Picture of Shuna Mason
Shuna Mason
Partner
London
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