Internal investigations into suspected employee wrongdoing are particularly tricky for in-house counsel, who must protect corporate confidentiality, be mindful of regulatory reporting requirements, and respect labor agreements and employee rights. As a practical matter, company lawyers also do not want to scare off an employee from providing information that the lawyers need to provide competent legal advice to their clients. This article will discuss recent developments of the law of internal investigation confidentiality, making some practical recommendations for in-house counsel along the way.

Originally published in Corporate Accountability Report - January 28, 2016.