Internal Investigations: Conducting a Witness Interview | Practical Law

Internal Investigations: Conducting a Witness Interview | Practical Law

A Practice Note explaining how to conduct a witness interview in an internal investigation. Specifically, this Note addresses what the interviewer should and should not do, and explains how counsel begin the interview, deliver the Upjohn warning, question the witness, use documents during the interview, and end the interview. This Note also addresses post-interview considerations, including preparing the interview memorandum and considering potential Sarbanes-Oxley reporting obligations.

Internal Investigations: Conducting a Witness Interview

Practical Law Practice Note w-021-3955 (Approx. 24 pages)

Internal Investigations: Conducting a Witness Interview

by Practical Law Securities Litigation & White Collar Crime
MaintainedUSA (National/Federal)
A Practice Note explaining how to conduct a witness interview in an internal investigation. Specifically, this Note addresses what the interviewer should and should not do, and explains how counsel begin the interview, deliver the Upjohn warning, question the witness, use documents during the interview, and end the interview. This Note also addresses post-interview considerations, including preparing the interview memorandum and considering potential Sarbanes-Oxley reporting obligations.