When Should you Conduct an Internal Investigation?

Internal investigations help organizations identify, contain, and address risk. But launching one requires the exercise of judgment and has consequences of its own: scope creep, business disruption, confidentiality challenges, and a process that may itself come under scrutiny.

Over the next five weeks, our Investigations Group is sharing practical insights. We begin where every investigation starts: common triggers, situations where another response may serve better, and the considerations that shape scope from day one.

When Should you Conduct an Internal Investigation?

Not every complain warrants one. Knowing which ones do is where the real judgment lies.

Clear triggers

An investigation should be considered where there is:

• Evidence of serious misconduct
• A criminal or regulatory investigation
• A whistleblower allegation
• A formal complaint
• Litigation – actual or threatened

Signals worth acting on

Consider an investigation to proactively address:

• Shifting regulatory expectations
• New enforcement activity or settlements
• International developments reaching your regulators
• Media scrutiny or allegations involving third parties
• Emerging compliance concerns

When to hold off

An investigation may not be the right call where:

• The complaint is clearly without merit
• The issue is isolated and immaterial
• The matter was recently investigated

Holding is a decision. Document it.

The upside

A well-executed investigation can help organizations:

• Assess legal and regulatory risk
• Meet stakeholder expectations
• Identify control or governance gaps
• Strengthen compliance measures
• Protect employees, culture, and reputation

The risks

Once you begin, you’ll have to manager expanding scope and timelines, confidentiality, business disruption, employee morale, cost, and the investigation process itself coming under scrutiny.

The decision to investigate is only the first decision.

The bottom line

The question is not only whether to investigate. It is whether you can defend your decision.

Want to learn more?

Join us for Risk, Reputation and Response: Navigating Internal Investigations

Monday, September 21, 2026 12:00PM to 1:30PM ET

Please contact clientevents@mccarthy.ca if you are interested in attending.

Internal Investigations: Triggers, Scope, and Consequences Series

• Part 2: Key Considerations for In-House Counsel
• Part 3: How Should You Scope an Internal Investigation?