Internal Investigations

Both listed and private companies often need to conduct an investigation upon becoming aware of alleged misconduct or wrongdoing. In most cases, the details of the alleged misconduct are not well understood at the time relevant company management is made aware of the allegation (e.g., at the time of receipt of a whistleblower complaint).

Nevertheless, the perceived harm caused by the allegation needs to be curtailed as quickly as possible, especially in cases where the misconduct is an ongoing problem. Furthermore, as there are no standard criteria for choosing the scope and method of an investigation, decisions on these matters must be tailor-made to individual cases. Conversely, the ability of a company to conduct an investigation that ultimately gains the understanding of stakeholders depends largely on the knowledge and experience of the personnel in charge of the investigation.

Our firm has handled many investigations both inside and outside Japan, giving guidance in purely internal investigations and also assisting with a variety of investigations conducted by internal and independent committees. There are often no “roadmaps,” such as laws, regulations, or guidelines, to guide the conduct of an investigation. In those cases, we draw on our knowledge and frontline experience to tailor the investigation to achieve the relevant purposes in an efficient and prompt manner.