United Kingdom: handling internal investigations

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With so much potentially at stake, the initial steps and strategic decisions taken in any company investigation are critical to setting the tone for a focused, credible and effective inquiry. This is paramount not only for the purposes of getting to the bottom of what has happened and responding appropriately, but also for limiting a company’s potential exposure and preparing it to engage with the relevant authorities. While every investigation is different, there are a number of key considerations that are common to all and that, if tackled appropriately, can ensure that a company is set on the right course from the outset. These include (1) setting the scope and terms of an investigation; (2) securing and reviewing evidence; (3) dealing with issues of legal privilege, data protection and risk; (5) dealing with employment issues; (6) conducting interviews; (7) assessing jurisdictional reach; and (8) preparing the article aims to give companies and their lawyers practical guidance on how to approach what are often fast-moving and complex investigations.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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