CONDUCTING INVESTIGATIONS IN THE NEW NORMAL

CD: What do you consider to be among the major trends shaping internal investigations in recent months? To what extent have you seen an uptick in their frequency?

Desautels: The global pandemic has highlighted areas of vulnerability, from internal and external sources. Many diverse industries have seen an increase in referrals for internal investigation. The allegations range from conflict of interest matters to misappropriation of customer and employer funds. Notably, the initial increase of referrals seemed to be a result of heightened awareness and enhanced controls implemented in response to new threats, instead of more incidents.

Lentchner: One growing trend is an increase in investigations alleging internal misconduct triggered by whistleblowers. Some of this increase is due to increased governmental prioritisation of whistleblowers including the Securities and Exchange Commission (SEC) Whistleblower Program. We have also seen reports arising out of the #MeToo movement, as well as the expanding role of boards and corporate social responsibility.

Jan-Mar 2021 issue

Guidehouse

Pillsbury Winthrop Shaw Pittman LLP

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