Purpose Legal recently joined Everlaw for the webinar, “Mastering Efficient Internal Investigations: Best Practices.” Everlaw brought together leading voices in corporate governance and digital forensics – a world increasingly fraught with risk and regulatory uncertainty.
Internal investigations can be complex processes that require navigating legal and privacy concerns while preserving and reviewing all relevant data. These investigations can quickly spiral into time-consuming and costly endeavors without proper guidance.
Experts Brock Bosson, Partner at Cahill Gordon & Reindel LLP, and Steve Davis, Vice President of Forensics and Investigations at Purpose Legal, joined forces to provide an overview of the scope and challenges of conducting internal investigations in a big data world. The webinar covers data privacy, legal considerations, best practices, common pitfalls, and more.
Creating a Roadmap for Internal Investigations
To kick off the webinar, Brock Bosson underscored the imperative of defining clear objectives at the beginning of an internal investigation. He noted that clear objectives are essential for driving an efficient investigation and avoiding “scope creep.” They also allow the organization to later assess whether the investigation was successful in meeting those predefined goals.
Steve Davis agreed with Bosson that establishing clear objectives from the outset is critical. Davis highlighted how defining the objectives helps create a roadmap for the investigation.
Having a well-defined roadmap, according to Davis, ensures the investigation remains efficient and that someone can be held accountable for determining whether the objectives were achieved. Without an effective roadmap in place, Davis warned, investigations run the risk of becoming disjointed and easily sidetracked as they proceed without a clear direction or purpose.
The Pivotal Role of Data and Technology
As Steve Davis explained, accurately scoping the relevant timeframe is critical when first engaging in an investigation. This helps identify potential “custodians” or individuals with relevant information – a key step in developing an overall strategy for the investigation, as well as the team that will execute it.
Once the team is established, data and technology play a pivotal role in any investigation. However, Davis noted data is no longer confined to traditional sources like email. Investigators must map the “residency of data” – where information actually lives across numerous platforms and devices.
Personal phones, apps, cloud backups, and other technologies have created new avenues for potential evidence. Davis emphasized the importance of understanding “redundancy” – how data may exist in multiple locations through backups or syncs.
This was exemplified by Davis’ example of recovering text messages from iCloud after a “custodian” claimed their phone was destroyed. Thoroughly accounting for residency and redundancy is key to obtaining a complete evidentiary picture.
Brock Bosson agreed technical expertise is vital for navigating the evolving digital landscape. Today’s “more elusive” data requires creativity to identify all relevant sources. Its proliferation also increases costs and resource demands for exhaustive collection and review.
The Human and Ethical Dimensions
While technology plays an important role, internal investigations are ultimately about people. Navigating human and ethical challenges requires nuance, empathy, and creativity.
Davis and Bosson highlighted that individual privacy concerns must be taken seriously. People have a reasonable expectation that personal data and communications will remain private. However, companies also have a duty to investigate issues thoroughly. The key is finding a balanced approach that respects privacy while allowing the collection of necessary information. Transparency about processes can help address concerns.
Gaining cooperation can also be problematic when individuals feel their privacy is being invaded. The duo discussed how collaboration and open communication are essential to help people understand why certain data must be reviewed – while working to assuage fears about how it will be handled. Finding solutions like third-party reviews of devices can help build trust.
Cultural differences also come into play with global investigations. Not all regions view legal processes the same way. Preservation notices could alarm some and precipitate the destruction of evidence. It’s important to consider these human factors and cultural norms when devising investigation strategies in diverse environments.
At the end of the day, treating people with empathy, respect, and fairness will lead to better outcomes than an overly aggressive “gotcha” approach. Internal investigations are as much about managing human relationships as they are about collecting hard facts. With sensitivity to these dimensions, companies can conduct thorough and defensible investigations.
A Look Into The Future
Bosson and David also discussed several emerging issues as technology advances in a global market. Internal investigations face growing complexity as data proliferates across devices, apps, and cloud services. Ephemeral messaging apps that delete content after a set time period present unique challenges for investigators.
Identifying which apps individuals use and moving quickly to collect relevant data before it disappears is crucial. Companies can help by establishing clear policies around ephemeral communications.
Mobile devices like phones complicate matters, as their data exists in structured databases rather than loose files. Forensic extraction and parsing of this data requires specialized technical skills and tools. Investigators must understand the nuances of collecting from different phone platforms and messaging apps, as capabilities can vary significantly.
Artificial intelligence shows promise in helping to scope investigations more efficiently through tasks like document summarization and relationship mapping. As AI tools for review and analytics continue advancing, they may help speed the process of analyzing vast troves of investigative data. However, the legal industry is not yet fully prepared to utilize these technologies – an issue that the speakers admitted would require continued discussion.
Stay Ahead of The Curve with Everlaw
By staying abreast of emerging capabilities and collaborating with technical advisors, investigators can incorporate new approaches that drive effectiveness. Advancements may one day automate much of the review workload. But for now, technology remains a tool to aid – not replace – human judgment in navigating increasingly digital investigations.
Hosting webinars such as these allows the team at Everlaw to pull back the curtain on current issues in the legal industry. It also provides a forum for detailed exploration of technology, such as artificial intelligence and machine learning, that can have a profound impact on the accuracy and speed of investigations.
This recap merely scratches the surface – if you want to learn more from the experts themselves, register to watch the full webinar online.
Click here to talk with a Purpose Legal expert.
If you had interest in this webinar, you may have interest in:
Deep Dive into Digital Investigations: Insights and Tales from the Trenches.