The COVID-19 pandemic has drastically altered how companies and outside counsel conduct internal investigations. Due to travel and other restrictions, most internal investigations have moved to a virtual format. Crucial components of the investigation process have been impacted significantly by the need to conduct investigations remotely. And, given the uncertainty about when COVID-19 restrictions will be lifted, it seems likely that virtual internal investigations will be the norm for some time.

However, violations of law, regulations, and company policies will continue. As such, internal investigations will need to proceed, albeit under different circumstances. In order to ensure that remote internal investigations are probative and effective, companies and their outside counsel should employ a few simple and practical practices. This article discusses some of these best practices, which will assist companies and outside counsel to develop a successful process for managing internal investigations in a virtual world.

Witness Interviews

Without a doubt, the most significant impact of COVID-19 on internal investigations has been on how witness interviews are conducted. Interviews have traditionally been one of the most important aspects of an internal investigation, and, for a variety of reasons, practitioners typically preferred to conduct witness interviews in person. However, with advancements in videoconferencing technology, remote witness interviews can be an adequate alternative. If companies and their outside counsel elect to conduct remote witness interviews as part of an internal investigation, they should keep the following tips in mind: