With many employees working remotely during the COVID-19 pandemic due to government-mandated office closures and workplace safety concerns, in-house attorneys are facing a multitude of unprecedented challenges. Among them are the difficulties of being unable to observe and interact with employees in person. There is a potential that remote working and the current economic challenges faced by businesses and their employees may lead to an increase in corporate malfeasance or misconduct by employees that could be attributed to the company. Two things are certain even during these challenging times: (1) corporate and/or employee wrongdoing will not stop; and (2) the Department of Justice (DOJ) and state prosecutors will be even more alert for and will continue to investigate wrongdoing.
Below are some suggestions for in-house counsel to consider to help prevent or detect malfeasance and position themselves to be prepared if and when their company faces a government inquiry.
