Beyond the Basics: Ethical Issues to Consider in Remote Internal Investigations

With an increase in working from home due to the COVID-19 pandemic, the role of in-house counsel conducting internal investigations has changed. Rather than collecting documents and conducting interviews in person, practitioners are turning more towards conducting these activities remotely, without in-person contact. 

This presentation, taught by experienced outside and in-house counsel Emily Reitmeier of Skadden, Kate Shrout of ServiceNow, and Erika Payne of Snowflake, will discuss key ethical questions which can arise during internal investigations, the applicable rules, and how to navigate these issues. The program will also discuss the practical lessons learned in conducting remote investigations over the last year and the ethical questions which can come up in these situations. Areas covered include document collection and preservation, oversight of the investigation, contact with the whistleblower, interviews, and technological concerns. Lastly, the course will include a variety of hypothetical situations and discussions about how to ethically proceed. 

This program will benefit all levels of in-house counsel who conduct internal investigations and especially those who have shifted to working remotely during Covid and may continue to work remotely after the pandemic. 

Learning Objectives: 

1. Discuss the technological, ethical, and practical challenges in conducting remote investigations. 

2. Identify best practices for conducting remote investigations 

3. Explore hypothetical examples of ethical issues which can arise when conducting investigations.