Internal Investigations: Implications For Privilege When Interviewing Employees

With companies facing tougher regulatory oversight, and a marked rise in shareholder activism, it has become critical for them to detect and investigate evidence or allegations of corporate misconduct at an early juncture. Effective and thorough internal investigations are an important tool in a company's arsenal to ensure that potential wrongdoing is caught and appropriate measures taken to limit its exposure to criminal, quasi-criminal and civil actions.

Internal investigations are fraught with a host of legal challenges for companies, which often prove difficult to navigate. This is particularly true when interviewing employees as part of the investigation and issues of privilege that may arise.