Krevolin & Horst partner Jessica Cino spoke at the Primerus International Summit in New York City on the topic of Internal Investigations. Internal investigations are crucial for any company or organization that wants to maintain a healthy and ethical workplace. Her talk covered several key points including knowing when to investigate, the unintentional expansion of investigation, defining the client, identifying and working with outside counsel and best practices on attorney-client privilege.
A few key points from the panel included:
- Ensure that your outside counsel hires your outside investigation firm in order to preserve privilege.
- Keep the client informed about the cost and scope of an investigation because often they keep their insurer informed as well.
- Once a report is issued it may be discoverable depending on the investigation and its implications.
Jess concluded her discussion by providing a few best practices on attorney-client privilege and recommended that it is best to generally have outside counsel run the investigation because the many hats that in house counsel wears can sometimes waive privilege. She emphasized how important it is to be clear early on about who the client is (organization, the board of directors, an officer, etc.)
Jessica’s panel was an invaluable resource for those interested in internal investigations. By knowing when to investigate, avoiding the unintentional expansion of investigations, and defining the client, companies can ensure that their internal investigations are conducted effectively and efficiently.