What to do next
Preserve documents and suspend routine deletion
Issue a hold on relevant records and communications at once. Destruction after an investigation begins is often treated more seriously than the underlying conduct.
Route communications through counsel
Designate a single point of contact and instruct staff not to respond independently. Counsel can manage the scope of requests and protect privileged material.
Consider a privileged internal review
Understanding your own facts before answering is essential. Where individuals may have personal exposure, they may need separate counsel — the company's lawyer does not represent them.
Frequently asked questions
Should we cooperate?
Usually cooperation is beneficial and can reduce consequences, but it should be structured with counsel rather than improvised. Cooperation and careless disclosure are not the same thing.
Is an internal investigation privileged?
It can be if properly structured under legal direction, but privilege is easily lost through informal handling. Set it up correctly from the start.
Do employees need their own lawyers?
Sometimes. Where an individual may have personal exposure, separate counsel is appropriate — and employees should be told the company lawyer does not act for them.
Does self-reporting help?
In many regimes voluntary disclosure can reduce penalties, but the calculation is fact-specific and should be made with counsel before anything is filed.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.