Restrictions on travel and “social distancing” have slowed corporate investigations, which typically involve travel and human interaction, particularly for evidence gathering and witness interviews. Companies will likely need to move forward with investigations—including document collection and interviews—using remote techniques.
Attorneys at Steptoe consider the legal and practical considerations that accompany remote investigative techniques, which may vary by jurisdiction. These include matters such as the legality and discoverability of interview recordings, maintaining the confidentiality of privileged interviews, jurisdictional differences with former or separately represented employees, and privilege and no-contact rules for them. They also address various practical considerations, remote document collection, and reporting.
