In their article, “Successful Board Investigations”, David Bayless and Tammy Albarrán, offered seven considerations to facilitate a successful Board investigation. 

Consider whether you need independent outside counsel. 

Consider hiring an experienced investigator to lead the internal investigation. 

Consider the need to retain outside experts. 

Analyze potential conflicts of interest at the outset and during the investigation. 

Carefully evaluate whistleblower allegations. 

Request regular updates from outside counsel, without limiting the investigation. 

Consider whether an oral report at the conclusion of the investigation is sufficient. 

The authors conclude their piece by stating, “By keeping in mind the issues addressed above, the Board will be better prepared for the investigation and readily able to exercise good judgment throughout the review. A well-conducted investigation by the Board may spare the company further disruption and costs associated with follow-on investigations by the regulators, or at the very least minimize the company’s exposure.”
Three key takeaways:

Retain the right counsel. Consider conflicts and appearance.

Carefully evaluate all whistleblower allegations and reject retaliation.

Consider receiving oral reports on an ongoing basis and one lengthy oral report at the end of the investigation.


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