The COVID-19 pandemic has forced rapid adaptations throughout
all industries. Internal investigations are but another integral
business mechanism that has been modified out of necessity. Below
are key takeaways relating to changes that have arisen regarding
internal investigations in this "new normal."
1. Remote Interviews as a COVID-Safe Alternative
In-person interviews are still preferred as they allow one to
better assess credibility by witnessing reactions to tough
questions first-hand without any “filters”, and to
ensure that the room is secure and no one is listening or coaching
the witness. That said, remote interviews may be preferable,
including when witnesses would otherwise be required to wear masks,
or when passing physical documents would be difficult due to
pandemic considerations. Investigators, either external or in-house
counsel, should be certain to confirm remote interview
"housekeeping" which includes that the interview is not
to be recorded
