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Course Internal Investigations: Navigating the Minefield and Getting the Balance Right

Overviewnew


Conducting an internal investigation can be fraught with difficulty. They can be time-consuming, costly and disruptive, and can lead to significant legal and reputational implications if not conducted appropriately and within the correct parameters.

This full-day course, drawing on the trainer’s nearly 30 years’ experience in defence practice, as a prosecutor at the Serious Fraud Office (SFO) and as specialist in-house counsel at a corporate, will take you step by step through all you need to know to conduct an investigation correctly, confidently and accurately. It will guide delegates through the practical issues involved from how to assess limitations and difficulties/benefits, to sourcing the best team, right through to the practicalities of investigating and presenting findings effectively.

This course will be useful for solicitors working in-house and private practice, and those with responsibility for investigations and/or whistleblowing. It will also be of interest to Heads of Legal, HR directors, Compliance Officers.

What you will learn:

Strategy

  • Resourcing your team to leverage the best experience
  • Knowing what you might be looking for and where it might end up
  • Knowing your limitations: what you can see, what you are in control of, who you can speak to – and what/who you can’t!
  • What are you prepared/able to do with your findings? Do you have clarity on your role and support from the very top of the business?
  • Risk assessment and knowing when to outsource
  • Difficulties for an internal team

    • Clarity on role
    • The politics of seniority
    • Push back from the business
    • Conflict/lack of perceived independence
    • Credibility of your team/support from the Executive Committee
    • Reporting back during your investigation – when, how much and to whom

  • Potential benefits of using an internal team

    • Softly-softly approach
    • Know the business processes, culture and data
    • Cost!

  • Privilege – the landscape post SFO v ENRC and the implications

Practicalities

  • Data collection – Privacy: consent or covert
  • Data review – AI, search terms and outsourcing review
  • Data hold – issue a notice or not?
  • Conducting interviews

    • Caution?
    • What to say about privilege
    • How to record your findings
    • Involving others – accountants, experts

  • What to do with your findings

    • How wide a circle to include in your report?
    • Potential next steps
    • When to take it outside the organisation – self reporting

      • Rules of engagement in UK
      • Potential to share information
      • Potential overseas liability and impact on individual employees

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Details


Type
Course
Level
Intermediate
CPD
6 hours
SRA

Fees


£210.00
Package Price
Click here for details

£480.00
Non Member

(Excluding VAT)

Speakers


Claire ShawDetails

Brochure


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