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Extract from article by Paul Mengel

Internal investigations, whether for compliance, regulatory or other purposes, are a fact of corporate life. Ideally, your company should be able to conduct its investigations without the fear of the resulting interviews and information being subject to a subsequent request for their discovery in the context of a False Claims Act or similar court case. While it would be impossible, from a practical perspective, to ensure with 100 percent certainty that such investigation results will not be challenged as discoverable, if prudent steps are undertaken in advance, and policies put in place and uniformly followed, those challenges should fail and the privilege of that information should be preserved as a result.

 

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