"The first days: Setting the tone for a successful internal investigation" by Bree Murphy
Buckley Commentary and AnalysisBree Murphy
An internal discovery or a criminal or civil regulator’s inquiry that sparks an internal investigation thrusts in-house counsel into the uncomfortable and complex role of exploring potential wrongdoing inside the company’s walls. These are high-stakes matters in which the range of outcomes is typically measured in degrees of bad fortune. But conducted effectively, an internal investigation is an essential risk-management tool that can protect or insulate a company — and strengthen resiliency in the face of regulatory or public scrutiny.
In-house counsel must consider at the very outset of the process three crucial matters that will set the tone for the investigation and determine its overall success: (1) the investigative team; (2) the potential scope and timeline of the investigation; and (3) the preservation of documents and data.