Today, internal investigations have taken on added complexity given the government’s current emphasis on voluntary disclosures, the increased vigor of social justice movements, the 24/7 news cycle, and other heightened risks that often require companies to respond quickly to an unexpected event or potential crisis.  Further, employees, customers, business partners, shareholders, investors, and the public expect increased responsibility and accountability from companies.  As a result, the ability to conduct an effective internal investigation and at the same time satisfactorily respond to different stakeholders, while also preserving privilege when appropriate, is more difficult and multi-faceted than ever before.  To help companies navigate these complexities and best address such situations, the following strategies should be considered:  

Diversify the Investigative Team. While it goes without saying that an investigative team needs to have the relevant subject matter expertise, the team also should be tailored to the allegations with care and consideration given to diversity of backgrounds and experiences.  With an increased sensitivity to allegations of workplace misconduct, racial and sexual harassment, and even acts of violence, the investigative team should have members with the necessary experience and training to speak with victims of the type of conduct alleged and who can properly provide perspective and gain a witness’s trust, as well as assuage concerns and fears.  In addition, the investigative team should include members with relevant government service and experience to help navigate discussions with interested government agencies or other regulatory bodies. 

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