From whistleblowers to AI: Navigating the new era of global investigations

Why should I read this?

Workplace investigations are important for tackling allegations of misconduct, promoting compliance and building stakeholder trust. On October 7, 2025, our Global Investigations Conference brought together our lawyers, in-house counsel and experts to discuss the shifting landscape of internal and regulator-led investigations. Views were shared on managing complex, multi-jurisdictional investigations involving issues such as fraud, bribery and non-financial misconduct. Highlights included stakeholder engagement, AI-driven data reviews, global antitrust enforcement and cross-border corporate crime reporting.

Three key takeaways to guide your organization toward effective, defensible investigations:

Takeaway 1: Scope smart and pick the right team

Clear scoping and team selection are foundational. Early steps (identifying the issue, determining its significance, assigning clear roles) are crucial, especially in high-pressure cases involving multiple stakeholders. A tight, well-defined scope prevents investigations spiralling out of control. A carefully selected team ensures competence and independence. Depending on the nature of the allegations (whether they involve financial misconduct, bullying or IT-related issues), teams may need to include members from legal, HR, technical and/or customer-facing departments.

There’s also a need for investigators to be independent and competent. Refrain from assigning investigations to people simply because they are available. Watch out for conflicts of interest (such as friendships or reporting lines between team members and those under investigation). Proactively manage roles to withstand external scrutiny. Investing time upfront in scoping and team selection helps prevent costly missteps and strengthens the process.

Takeaway 2: Handle whistleblower dynamics with sensitivity and strategy

Whistleblower interactions require care. The initial interview with a whistleblower needs careful consideration of their role: are they a victim, a witness, or potentially involved in the misconduct? Assess the whistleblower’s context. Cultural and linguistic factors can influence how whistleblowers share sensitive information. For example, in some regions, discussing allegations in a native language may lead to evasiveness, while English might encourage openness for cultural reasons.

Confidentiality is another challenge. While you can reassure whistleblowers about protecting their identity, avoid absolute promises as disciplinary proceedings may require disclosure. In jurisdictions like Germany, legal obligations, such as updating whistleblowers on the investigation process within three months, add further complexity.

Carefully develop your strategy around whistleblower interactions. Balance empathy, legal compliance and procedural fairness.

Takeaway 3: GenAI enhances efficiency

GenAI is transforming investigations, especially in early case assessment and document review. It can rapidly analyze large datasets, spot key documents, uncover coded conversations and flag potentially harmful evidence. For example, AI tools can help pinpoint suspicious communications and assess their relevance, saving a lot of time compared to traditional manual reviews.

AI tools also help manage risk by giving quick insights into complex data, which is critical for senior stakeholders needing timely answers. But AI is a tool, not a replacement. Human oversight should validate findings. Pairing AI with traditional review methods can help you streamline investigations, reduce costs and improve early understanding of case dynamics.

What should I do?

• Scope tightly and select independent teams as part of your investigation process.
• Build (and regularly update) a privilege protocol to protect sensitive communications across jurisdictions with varying privilege rules.
• Communicate clearly with stakeholders (internal, external, regulators) to align expectations and maintain trust.
• Assess jurisdictional nuances early. Consider data transfer restrictions, reporting obligations and procedural differences.
• Use GenAI for efficiency but always back it with human expertise.