Option Droit & Affaires | Internal investigations: between legal uncertainty and the need for efficiency – by Thomas Amico
In an article for Option Droit & Affaires, Thomas Amico, partner, examines the legal framework for internal investigations, increasingly used by companies in response to alerts concerning breaches of probity, fraud, harassment or discrimination.
Although internal investigations are now a “healthy” management reflex, they remain an unidentified legal object, lacking their own legal regime, and therefore subject to shifting case law and varied practices.
Given the remaining uncertainties and the consequences that can arise from a poorly conducted investigation, Thomas Amico stresses the importance for companies of outsourcing the conduct of their investigations, in particular to experts such as lawyers, who offer the protection of their professional confidentiality and the experience of the best practices they have developed in this field.
