Whether your organisation needs advice and/or representation in an internal or external corporate investigation, I can take control and manage the entire process for you, ensuring it is done correctly, and the company’s best interests are protected, and any media interest is locked-down. And importantly, I will work diligently and with precision, minimising disruption to your organisation.
I have extensive experience in dealing with highly sensitive corporate investigations which may involve cross-border issues and lead to regulatory and or criminal prosecution. I understand how time-critical many business investigations are; for example, regulatory requests for information can be demanded with only a few weeks’ delivery time. Providing too much or too little information to a regulatory can trigger a formal investigation. In addition, any data processed to extract the information required may be subject to the General Data Protection Regulations (GDPR) and therefore must be handled according to compliance requirements.
For this and many other reasons, business investigations are a minefield, and it is imperative to have the advice and project management support of an experienced legal professional assisting the in-house legal team, or Board. I am dedicated to putting in the hard work required to effectively manage an investigation, providing practical advice that protects the long-term commercial interests of the organisation.
How does a business control the scope of an investigation?
It is critical that the scope and structure of the investigation are clear from the outset, with clear reporting lines and a clear purpose. My experience means that we are able to help ensure investigations are structured so as to minimise the possibility that additional legal and reputational risk is created by the investigation process, and to ensure that investigations are conducted as efficiently as possible.
Can a barrister assist me with eDisclosure matters in an internal or external investigation?
Document and data management is key to any investigation, especially given that most employees these days carry around the equivalent of a 1990s super-computer on their person. Mobile technology has been a game-changer for eDisclosure and no organisation can risk not receiving expert advice regarding the identification, collection, analysis, and presentation of data. I can advise on steps that can be taken to preserve documents, and reduce the risk that documents damaging to your case are produced unnecessarily. In addition, I will ensure that the documents are presented in a legally defensible way.
I can provide flexible support on document and data review exercises, partnering with clients or with third party providers as appropriate. I regularly advise on steps to ensure that the collation, movement, and review of documents is carried out in a way that is compliant with data protection and, in cases of cross-jurisdictional investigations, other local laws. If documents are required to be produced to authorities, I can advise on compliance with and (where appropriate) challenges to production orders.
Should I have legal representation in the case of an interview with authorities?
No one should ever consent to an interview with a regulatory body without having a legal representative present. Do not be comforted by the promise of “an informal chat” – what you say could seriously jeopardise your long-term best interests. I will manage all external and internal interviews or work with in-house counsel, providing advice on preparation for and the approach to such interviews.
In addition, I advise on and carry out interviews of witnesses, whether employees or third parties and I can advise on and prepare reports regarding the outcome of investigations, being mindful of the different purposes for which the report may be required.
By instructing me directly, or through your Solicitor, you can be confident that I will adopt a flexible approach, partnering as appropriate with clients and other advisers on different aspects of an investigation to ensure an efficient strategy. I understand the need to manage tight timetables and cost limitations, and the pressing need of organisations subject to an investigation, to bring the matter to a swift conclusion so resources can be rechannelled towards generating profits and growth.