Internal corporate investigations can expose corporations and their counsel to potential tort liability, particularly claims for defamation and related causes of action. Individuals who are criticized in investigation reports or referenced in regulatory filings may allege libel, slander, interference with economic interests, or emotional distress. Because these claims often arise after an investigation concludes, companies should structure investigations and reports carefully to reduce exposure. Courts recognize certain privileges that protect investigative communications, but those protections have limits. As a result, organizations conducting investigations should focus on maintaining objectivity, protecting confidentiality, and ensuring that investigative findings are presented in a balanced and accurate manner.

Guarding Against Defamation and Other Tort Liability in Internal Corporate Investigationsseotech2026-04-09T16:40:03+00:00

Maintaining Confidentiality in Internal Corporate Investigations

Lesley Brovner & Mark Peters
April 9, 2026

Confidentiality is one of the most important and most challenging aspects of any internal corporate investigation. Investigations often uncover sensitive information involving potential misconduct, legal exposure, trade secrets, private employee data, and strategic business issues. As a result, companies must decide early whether they intend to protect investigative materials from disclosure, whether disclosure may ultimately be necessary, and what legal protections may apply.

Maintaining Confidentiality in Internal Corporate Investigationsseotech2026-04-09T16:26:52+00:00

Reporting the Results of an Internal Corporate Investigation

Lesley Brovner & Mark Peters
March 18, 2026

Once an internal corporate investigation concludes, the next critical step is determining how the findings will be communicated. The investigation report—whether written or delivered orally—serves as the official record of what occurred, how the investigation was conducted, and what actions should follow.

Reporting the Results of an Internal Corporate Investigationseotech2026-03-10T18:38:21+00:00

Preliminary Procedures for Internal Corporate Investigations

Lesley Brovner & Mark Peters
March 5, 2026

Before launching a full-scale internal investigation, companies must take deliberate preliminary steps to establish authority, define scope, and protect privilege. Early missteps—such as unclear authorization, poorly defined scope, or inconsistent disclosure—can undermine the credibility of the investigation and create unnecessary legal exposure.

Preliminary Procedures for Internal Corporate Investigationsseotech2026-03-06T20:39:53+00:00

Holding New York Government Agencies Accountable

Lesley Brovner & Mark Peters
February 26, 2026

Many businesses and nonprofits do business with New York City and State Government. If you are one of those entities it is important to know your rights with regard to that business relationship and how to hold government agencies accountable if they violate your rights. Like any business relationship, both parties have rights that can enforced.

Holding New York Government Agencies Accountableseotech2026-03-06T20:40:38+00:00

Internal Corporate Investigations, Written by Lesley Brovner & Mark Peters, Out Now

Lesley Brovner & Mark Peters
February 23, 2026

We’re thrilled that our book, Internal Corporate Investigations, is now out! Thank you LexisNexis for partnering with us on this project. The book draws on our decades of experience, both in government and in private practice, managing complex criminal and civil investigations.

Internal Corporate Investigations, Written by Lesley Brovner & Mark Peters, Out Nowseotech2026-02-23T22:04:43+00:00

Bankruptcy Trustee and Examiner Investigations: What Companies and Creditors Should Expect

Lesley Brovner & Mark Peters
February 10, 2026

When a company enters Chapter 11 bankruptcy, allegations of fraud, mismanagement, or corporate wrongdoing often trigger demands for an independent investigation. In these situations, a bankruptcy court may appoint a trustee or examiner to investigate the debtor’s affairs and report findings to creditors and the court.

Bankruptcy Trustee and Examiner Investigations: What Companies and Creditors Should Expectseotech2026-02-17T22:19:53+00:00

Internal Investigations in Government Contracting: Key Risks and Strategic Considerations

Lesley Brovner & Mark Peters
January 21, 2026

Companies that contract with federal, state, or local governments operate in a heightened enforcement environment. When potential misconduct arises in connection with a government procurement contract, the decision to conduct an internal investigation can carry serious legal and business consequences.

Internal Investigations in Government Contracting: Key Risks and Strategic Considerationsseotech2026-02-17T22:20:42+00:00

Understanding the New York City Comptroller Audit Process

Lesley Brovner & Mark Peters
January 7, 2026

The New York City Comptroller’s Office has very broad audit authority, which includes the authority to audit both City Agencies and entities doing business with the City. The audit findings can have serious consequences for both nonprofit and for-profit private entities. Indeed, significant wrongdoing can lead to debarment from future contracts. As such, these audits need to be taken seriously.

Understanding the New York City Comptroller Audit Processseotech2026-03-06T20:41:26+00:00

The Role of Internal Investigations in Crisis Management for New York Corporations

Lesley Brovner & Mark Peters
December 10, 2025

When a crisis hits your corporation, the first thing to do is learn the all the facts so that you understand the scope of the issue across the corporate landscape and can determine whether laws, regulations, or policies have been violated. Once this is done, you can take steps to discipline wrongdoers and create policies to prevent a recurrence. A thorough internal investigation will allow you to properly respond to law enforcement and regulators, improve internal procedures and manage reputational risk.

The Role of Internal Investigations in Crisis Management for New York Corporationsseotech2026-03-06T20:42:07+00:00

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