An internal investigation is an important mechanism an organization can use to address an allegation of wrongdoing, determine legal liability, identify individuals or parties with culpability, comply with regulatory requirements, develop corrective measures and enhance operational efficiencies. Buckner is pleased to continue its blog series highlighting best practices, strategies and techniques that can be used by organizational leaders and counsel during an internal investigation. Today’s post will cover confidentiality.
An organization, and individuals working on its behalf, should maintain confidentiality during an internal investigation. Most organization’s investigative policies and procedures require some type of confidentiality, wherever possible. One way to maintain confidentiality is to request interview subjects to refrain from disclosing to others what was discussed during an interview. Buckner attorneys sometimes use an interview notice, which contains a confidentiality statement, to advise individuals of their obligations to maintain confidentiality. However, during some instances, only an oral statement is necessary if an attorney or investigator believes asking an individual to sign a form or acknowledgement would result in resistance or a reluctance to cooperate with the investigation.
Contact attorney Michael L. Buckner (+1-954-941-1844; firstname.lastname@example.org) for additional information on conducting internal investigations and intelligence-gathering.