3 Tips to Get Internal Investigations Done Right
Internal investigations are no longer a rare occurrence for modern enterprises; they have become a foundational requirement for security, HR, and legal health. According to the Internal Investigations Benchmarking Report by Exterro and EDRM, which surveyed professionals across 10 industries, organizations are increasingly bringing these capabilities in-house to stay ahead of a rising tide of litigation and cyber threats.
Here are the three critical takeaways for organizations looking to benchmark their own capabilities.
1. Build for Constant, Not Occasional, Use
The report dispels the myth that internal investigations are "extraordinary" events. For large organizations (those with over $1 billion in revenue), they are a daily reality.
- The Data: 45% of large organizations conduct six or more internal investigations every month.
- The Strategy: Even smaller firms averaging only one or two cases a month cannot rely on ad-hoc methods. As Mary Mack (CEO of EDRM) notes, a steady flow requires a defined process, dedicated technology, and trained personnel.
2. Bridge the Gap Between Investigation and Legal Hold
One of the most startling findings in the report is the lack of consistency regarding data preservation. Despite internal investigations often being a precursor to lawsuits or regulatory actions, many companies fail to secure the evidence.
- The Disparity: Only one-third of respondents use legal holds "all the time" during internal investigations. Another third never or almost never use them.
- The Risk: Without a formal legal hold, critical evidence can be deleted (accidentally or intentionally) before a case moves to external litigation, leading to severe spoliation sanctions.
3. Leverage "Silent" and Forensic-Grade Technology
Advanced technology provides a layer of protection that standard IT tools cannot match. The report highlights two specific technical advantages:
- Silent Legal Holds: Jenny Hamilton (Exterro General Counsel) explains that these allow Legal to preserve data in the background without notifying the "bad actor" under investigation, preventing them from destroying evidence.
- Forensic Collection Standards: Even if a case is currently civil or HR-related, it may eventually have criminal implications. By using tools like FTK®, investigators collect data to a higher evidentiary standard. As Justin Tolman (FTK Evangelist) puts it: "It is better to have forensically collected the data and not need it than to need it and not have it."
Assess Your Organization
How do your internal investigation processes compare to the industry standard? Understanding these benchmarks is the first step toward moving from a reactive "fire-fighting" mode to a proactive, defensible strategy.
Resource: Download the full Internal Investigations Benchmarking Report
