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HospitalityLawyer.com® converges legal, safety, and security solutions for the hotel, food and beverage, private club, meeting, event, and corporate travel industries.

We are a worldwide network of attorneys that focus on hospitality, travel and tourism issues; a marketing conduit for suppliers of legal, safety and security solutions to reach hospitality developers and operators in need of those solutions; we mitigate critical incidents, injuries, litigation and liability within the hospitality industry, in the U.S. and abroad by facilitating the creation, collection, and dissemination of legal, safety and security information, products and services.

WEEKLY SPOTLIGHT

Attorney of the Week

Andria Ryan

Andria Ryan is a member of Fisher Phillips’ COVID-19 Taskforce, a cross-disciplinary team of attorneys dedicated to advising employers on the many workplace law aspects of the global coronavirus pandemic. Andria Ryan is a partner in the Atlanta office and she serves as the chair of the firm’s Hospitality Practice Group and co-chair of the Hospitality Industry Group. She represents employers in virtually every area of employment and labor law. Andria represents employers throughout the United States in defending employment discrimination and harassment cases as well as handling traditional labor matters such as unfair labor practices and union campaigns. She spends much of her time counseling employers in day to day employment and labor decisions and educating employers about prevention and practical solutions to workplace problems.

Law Firm of the Week

Foley & Lardner

Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe, and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives, and challenges. Foley’s Hospitality & Leisure Industry Team is nationally recognized as leaders in the industry by Chambers USA. We understand our clients’ priorities to deliver top-quality service and memorable experiences in this extremely competitive market. Our lawyers have served as industry lobbyists, drafted legislation on behalf of the industry, and currently hold leadership positions on relevant committees and with several trade associations. We work hard to understand our hospitality clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Clients know we will work side-by-side with them through the entire life cycle of their asset, negotiating a full range of agreements and helping them realize and protect the value of their assets and brands. When cross-disciplinary issues and business disputes arise, clients benefit from our team of skilled labor and employment, intellectual property, privacy, consumer finance, environmental, food & beverage, real estate, tax, and litigation lawyers to provide strategic guidance and drive forward their interests and investments in hospitality and leisure.

Company of the Week
Ankura

Ankura is an expert services firm defined by HOW we solve challenges. Whether a client is facing an immediate business challenge, trying to increase the value of their company or protect against future risks, Ankura designs, develops, and executes tailored solutions by assembling the right combination of expertise. Ankura has a dedicated Real Estate Advisory practice (AREA), with expertise in all commercial property types, as well as operationally intensive assets, such as hotels. The AREA team, consists of accomplished professionals with specialties across all real estate asset classes, including a dedicated hospitality group, providing solutions in the areas of advisory, litigation support, expert witness, turnaround, restructuring, and valuation.

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Subscribe to our CONVERGE Blog and Newsletter for valuable insights from hospitality and travel risk management experts. Our blog features exclusive content from our contributors, who collectively represent the full spectrum of hospitality law, risk management and comprehensive duty of care solutions.

FROM OUR CONVERGE BLOG
Our CONVERGE BLOG focuses on legal, safety, and security challenges for Hospitality, Travel, Travel Vendors and Corporate Travel Buyers as individuals and businesses.
Our blog features exclusive content from our contributors, who collectively represent the full spectrum of hospitality law, risk management and comprehensive duty of care solutions.

Managing Travel Risk in a Pandemic

There are no modern precedents for the speed and scope with which COVID-19 has disrupted virtually every aspect of human interaction. Within these disruptions are the tectonic shifts impacting how people travel.

For the moment, managing travel risk is relatively straightforward, as it’s incredibly difficult to travel internationally. As restrictions are eased and governments unlock entry prohibitions, the real work of assessing travel risk will begin. The way forward will require a blend of bedrock principles and new metrics.

Before Travel Restarts

Patience and flexibility will be the principles to live by. Maintaining a defensible duty of care will not be possible under the pre-pandemic speed of business. Political expediency will overtake scientific consensus in some locations, leading to a premature unwinding of safety protocols. The risk landscape will require closer inspection and constant re-evaluation. Open for business does not automatically equate to safe for business. Decisions about when and where to travel will necessitate a larger audience than was previously required. While building the process may feel administratively awkward and cumbersome at the outset, as with most things, it will eventually find its own level.

In lieu of a designated Decision Making Authority (DMA), an internal working group will likely be the most efficient way to assess when and where travel should proceed. Historically security or travel was the DMA in this arena. In a pandemic world the implications of travel move beyond these domains. Different organizations will have different needs, but at a minimum the following functions should be represented:

  • Environmental Health and Safety (EHS)
  • Human Resources (HR)
  • Travel
  • Legal
  • Security
  • Communications
  • Compliance
  • Risk

Prior to any discussion about resumption of travel, a few administrative questions should be resolved. What may appear to be over communicating can save enormous effort should a worst- case scenario present. An organization should examine the following questions:

  • Does existing business travel insurance cover employees entering a known hazard area?
  • Are pandemic-related claims exempted by insurance providers?
  • Where do business travel insurance, the employee’s personal health insurance, and workers compensation begin and end in relation to health risks associated with travel?
  • In what instances will traveling employees be required to self-quarantine prior to returning to the workplace?
  • Who within the organization will track and manage this process?
  • Who will certify employee’s return to work status?
  • Is the use of a Travel Management Company (TMC) mandated? If so, does it have the ability to block out destinations? Who will be responsible for processing and authorizing exceptions requests from employees wanting to travel?

Mapping functional responsibilities and authority is the first step in building a defensible duty of care.

Resuming Travel

The pre-pandemic practice of deferring to U.S. Department of State or U.K. Foreign Commonwealth Office recommendations may no longer be sufficient. Conditions are rapidly changing and the sometimes vague government guidelines prose may not highlight all aspects of risk. A blended approach utilizing multiple sources will be essential for assessing risk. If there is not a process for assessing risk then there is not a defensible duty of care.

The following points should be examined when considering a resumption of travel:

  • What is the current Centers for Disease Control and Prevention (CDC) guidance? State Department? Foreign & Commonwealth Office? When was guidance last updated?
  • Does the organization have a travel safety and security provider? If so, what is their current guidance?
  • Are infection rates rising or declining at the destination? Is the recovery rate rising or declining?
  • Are there local, regional, or national restrictions on movement and gatherings? If so, what are they?
  • Are there restrictions on the entry of non-citizens and residents? If not, are quarantine periods being imposed upon arriving international travelers? Does the traveler’s country of departure require quarantine upon return from the destination?
  • Are hotels at the destination operating? If not, is this reflected in the Travel Management Company platforms? Are closures due to government mandate or lack of business?
  • Are restaurants at the destination operating? If not, is this due to government mandate or lack of business?
  • Is the local transportation infrastructure (mass transit, taxis, Uber) operating?
  • Have you ascertained that the local hotels, restaurants and transportation systems have implemented recognized sanitation standards?
  • Is the local health care system at or beyond capacity due to the pandemic? Do you or your travel safety and security provider have the ability to medically evacuate a traveler?
  • Has the pandemic resulted in a degradation of the overall security environment? Has the Kidnap for Ransom and Extortion (KFRE) threat increased? Has a previously moderate risk location become high risk? For insight on this topic Overseas Security Advisory Council (OSAC) and other public/private partnerships should be engaged.

In a pre-COVID-19 world, relying on government guidance and travel services providers’ duty of care may have been sufficient for the most part. While a travel service provider’s duty of care remains unchanged, the burdens on organizations to assess risk, advise their employees of those risks, and mitigate risks where possible for their travelers has become more complex. This complexity will necessitate a slower assessment speed, a deeper risk assessment dive, and longer decision cycle than was the standard in a pre-pandemic world. As with all other calamitous events in human history, at the outset the changes required to move forward will seem arduous. With time and experience, what once felt like change simply becomes the way things are done.

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Threat of Contracting COVID-19 on an Airline is Low

The global COVID-19 pandemic has led to fears that infected airline passengers could spread the disease to everybody else on the aircraft. These fears are largely unfounded, and disease transmission on a commercial airliner is relatively rare. Although the risk of contracting COVID-19 on a commercial airliner is low, the COVID-19 pandemic is having an enormous impact on the global airline industry.

COVID-19 Transmission on Airliners

Travelers are unlikely to contract COVID-19 on commercial airliners. The World Health Organization (WHO) has previously stated that “there is very little risk of any communicable disease being transmitted on board an aircraft,” due in large part to the sophisticated air circulation systems on airliners. Airliners recycle air at a higher rate than most public spaces do, and they send all recycled air through high-efficiency particulate absorbing (HEPA) filters, which are effective at preventing the recirculation of particles containing viruses such as COVID-19. The air circulation through these filters means that an infected passenger is unlikely to spread the disease through the entire cabin.

The WHO has found, however, that passengers seated within 2-3 rows of an infected passenger are at higher risk of contracting the disease, especially on longer flights. These passengers could contract the disease from the infected passenger’s coughs or sneezes, by touching the infected passenger, or by touching something the infected passenger has recently touched. As passengers in aircraft tend to stay in the same location through almost all of the flight, passengers elsewhere on the aircraft are unlikely to come into direct contact with the infected passenger. An infected flight attendant could potentially spread COVID-19 to more passengers, but there have been relatively few cases of a flight attendants contracting the disease.

The risk of contracting COVID-19 is likely higher in airports than on airliners. Air filtering and general hygiene standards in airports are less consistent than those onboard airliners, and travelers will likely come into close contact with more people and touch more surfaces in the airport than on the aircraft itself. Travelers are also more likely to encounter individuals from countries with major COVID-19 outbreaks in a major international airport than on an individual aircraft, especially if they are flying between two places that do not have major COVID-19 outbreaks.

Risk Mitigation

The most effective methods for avoiding COVID-19 transmission on a commercial airliner are the same basic hygiene practices that are effective on the ground. Individuals should regularly wash their hands with soap and water or use alcohol-based hand sanitizer when soap and water are not available. Hand washing is especially important before and after eating. Individuals should also limit the number of times they touch their face, eyes, and mouth. Health officials do not recommend that healthy individuals wear surgical masks, as they are ineffective at preventing the wearer from contracting COVID-19. 

Travelers can also reduce the threat of exposure to COVID-19 during air travel by minimizing the time they spend in airports and taking precautions when they are at the airport. Effective methods for reducing time spent in airports include only packing carry-on bags, checking in online, obtaining boarding passes prior to arrival at the airport, and flying during off-peak hours. Once in the airport, travelers can take additional precautions along with the basic hygiene practices outlined above. Such precautions include staying away from airport lounges, shops, and restaurants; walking further to pass through security at a less-crowded checkpoint; waiting for flights at a nearby empty gate instead of a crowded gate area; and not crowding around the gate prior to boarding.

Some airlines have taken additional steps to reduce the risk of COVID-19 transmission in flight. Some carriers have reduced or eliminated hot meal services or have stopped handing out hot towels to passengers before meals. Some airlines have also eliminated in-flight duty-free sales and stopped handing out newspapers and magazines. Most airlines have also increased requirements for aircraft cleaning and disinfection between flights.

Several governments have ordered airlines to suspend flights from areas with major COVID-19 outbreaks or banned all international arriving flights in an attempt to prevent the virus from being brought into their respective countries. Early evidence suggests that these measures are not effective at keeping COVID-19 out of a country. Italy, for example, was among the first and most aggressive countries to cut off air travel from China and surrounding areas while the COVID-19 outbreak was still largely limited to Wuhan, China. The virus nonetheless spread to Italy, and the country is now one of the most-affected countries in the world. COVID-19’s wide geographic spread and contagious nature mean that further targeted flight bans are unlikely to protect a country against the virus.

Impact on Airlines

The ongoing COVID-19 pandemic has had an enormous impact on airlines, forcing them to suspend or reduce frequency on thousands of routes and threatening the financial stability of numerous carriers. These impacts are likely to worsen through the rest of 2020, and some airlines will likely go out of business as a direct result of the pandemic.

Airlines have suspended or cut back service on thousands of routes due to the COVID-19 pandemic. While public health concerns or government mandates have triggered some of the suspensions, financial issues have been the main motivation behind most of the cutbacks. The COVID-19 pandemic has caused a sharp drop in demand for air travel, meaning that many flights are no longer economical for carriers to operate. Some airlines have completely suspended operations, calculating that they will lose less money by shutting down than by trying to operate any of their flights.

The enormous drop in airline travel during the COVID-19 pandemic is threatening the financial viability of many airlines, and some will likely go out of business during the outbreak. The carriers most likely to go out of business are those that were already in financial trouble before the pandemic. British carrier Flybe (BE) cited the COVID-19 outbreak as a reason for its collapse in early March 2020, although the carrier was already in deep financial trouble prior to the pandemic. Two US regional carriers, Trans States Airlines (AX) and Compass Airlines (CP), also plan to permanently cease operations in the near future; the companies have the same parent company. Trans States had already planned to shut down at the end of 2020 – the COVID-19 pandemic merely moved up the airline’s closing date – while Compass lost its contract with key partner Delta Airlines (DL) in late 2019. Additional airline shutdowns are likely as the pandemic continues.


This article was first published in WorldAware’s Airline Security Newsletter.

WorldAware’s Airline Security Newsletter

The Airline Security Newsletter, keeps you appraised of key safety-related developments regarding the world’s fleet of commercial and charter airlines. Each edition provides you with a range of detailed information and analysis of air-travel-related issues and incidents, including any changes in WorldAware’s airline safety rating system.

Learn about WorldAware’s Airline Security Newsletter.

About WorldAware

WorldAware provides intelligence-driven, integrated risk management solutions that enable multinational organizations to operate globally with confidence. WorldAware’s end-to-end tailored solutions integrate world-class threat intelligence, innovative technology, and response services to help organizations mitigate risk and protect their employees, assets, and reputation.

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Forensic Focus on COVID-19 | Insider Trading Risk in the Wake of COVID-19: An Alert to Boards and Audit Committees

Deloitte’s Forensic series around COVID-19 business impacts and steps you can proactively take to help respond to and recover from the outbreak and mitigate potential fraud and financial crime risks.


Recent accusations of “stock dumping” raise questions about whether those made privy to nonpublic material information during times of crisis have placed their personal financial interests ahead of those of the investing public or their companies, potentially violating insider trading laws.

The Securities and Exchange Commission (SEC) requires that any director, officer, or beneficial owner of a registered company file a Form 4 (Statement of Changes in Beneficial Ownership) with the SEC at any time a transaction resulting in a change in beneficial ownership has been executed.1 The filings documenting execution of these transactions are easily accessible by the general public via the SEC’s online Electronic Data Gathering, Analysis, and Retrieval (EDGAR) system.2

The Wall Street Journal recently examined more than 4,000 public company SEC filings and reported that top executives of SEC registered companies sold approximately $9.2 billion worth of shares in their own companies from February 1, 2020, through March 19, 2020, resulting in approximately $1.9 billion in savings.3 This activity apparently drew the SEC’s attention, where in early March 2020, it issued a press release stating that “where a company has become aware of a risk related to the coronavirus that would be material to its investors, it should refrain from engaging in securities transactions with the public and to take steps to prevent directors and officers (and other corporate insiders who are aware of these matters) from initiating such transactions until investors have been appropriately informed about the risk.”4

The SEC’s Division of Enforcement weighed in as well in a March 23, 2020, release in which it emphasized that corporate insiders privy to new material nonpublic information on the outbreak “should be mindful of their obligations to keep this information confidential and comply with the prohibitions on illegal securities trading.” The release further referenced the Division of Enforcement’s commitment to “ensuring that our Main Street Investors are not victims of fraud or illegal practices in these unprecedented market and economic conditions.”5

While the legal analysis as to whether specific trading violated securities laws is often complex, factual questions regarding the timing of trades, whether and to what extent nonpublic material information was available and disseminated prior to trading and to whom, the potential impact of such information to a company’s financial condition and share price, and consistencies or inconsistencies between internal and public communications prior to and after trading activity—as well as other issues—will need to be resolved prior to legal determinations on the propriety of the trades.

In light of publicly disclosed trading activity and the recent SEC releases, boards of directors and audit committees, as well as legal and compliance departments of companies impacted by COVID-19, should assess whether trades made by insiders require additional scrutiny and/or investigation. Potential “red-flag” transactions will require prompt attention to determine the propriety of the trades, as such transaction may well give rise to regulatory inquiries and potential shareholder litigation.

Deloitte Forensic possesses the experience and capabilities to assist attorneys and companies in conducting proactive and reactive investigations into such matters, including utilizing digital forensics to electronically collect, preserve, and analyze structured data (such as financial and accounting data) and unstructured data (such as emails and texts). Our digital capability also enables us to initiate or continue performing key investigative tasks remotely in an efficient and cost-effective manner. While the investigative requirements will differ for each investigation, the following tasks should be considered when conducting insider trading reviews or investigations:

  1. Identification of key personnel:
    Identify all directors, officers, and beneficial owners required to file a Form 4 with the SEC any time a transaction resulting in a change in beneficial ownership is executed.
  2. Timeline and market analysis:
    Establish a COVID-19 timeline of events, including general market conditions and events (for example, imposition of travel bans, timing of the first cases reported in specific countries, and specific stock market drop dates), as well as conditions and events specific to the company (such as internal and external discussions around closure of certain operations, announcement of layoffs, and impact of COVID-19 on business operations). The analysis should take into account the information being shared and discussed internally, with that of public statements made by the company on social media, in press releases, and in regulatory filings.
  3. Review of company documents:
    Obtain and review relevant company documentation, including (but not limited to) meeting minutes, policies and procedures, and preestablished stock sales plans to identify additional events that should potentially be considered and included in the timeline and market analysis. Such a review could result in identification of (i) disclosure of nonpublic material information in meeting minutes, (ii) preestablished insider “blackout periods” documented in insider trading policies, and (iii) preestablished executive stock sales plans.
  4. Transactional review and analyses:
    Obtain and aggregate historical buying and selling data from Form 4 issued with the SEC for the last two to three years for directors, officers, and beneficial owners. Employ advanced analytics to establish historical asset acquisition and/or disposal trends. Compare such trends to the COVID-19 timeline relevant to the organization.
  5. E-discovery collections and review:
    Perform focused email collection and review procedures based on the identification of potential red-flag indicators to assess whether executives may have based their trades on certain confidential information not known to the public. The investigation should also assess whether such information may have also been communicated to relatives and close friends of the executives, since this will also likely be an area of focus to the regulators.
  6. Investigative interviews:
    Conduct investigative interviews with key personnel, including those potentially implicated by the transactions in question, following the collection and analyses of the relevant documents and data described above.

Deloitte brings the right people, processes, and technologies to assist the board, audit committee, and legal and compliance executives with important and sensitive investigations.


Endnotes

  1. https://www.sec.gov/about/forms/form4data.pdf.
  2. https://www.sec.gov/edgar/searchedgar/companysearch.html.
  3. https://www.wsj.com/articles/bezos-other-corporate-executives-sold-shares-just-in-time-11585042204.
  4. https://www.sec.gov/news/press-release/2020-53.
  5. https://www.sec.gov/news/public-statement/statement-enforcement-co-directors-market-integrity.

For more information, contact:

Anthony Campanelli
Partner, Forensic
Deloitte Financial Advisory Services LLP
acampanelli@deloitte.com
+1 212 436 5386

Kevin Corbett
Partner, Forensic
Deloitte Financial Advisory Services LLP
kcorbett@deloitte.com
+1 212 436 6509

Chris Georgiou
Partner, Forensic
Deloitte Financial Advisory Services LLP
cgeorgiou@deloitte.com
+1 212 436 3331

Don Fancher
Global Leader, Forensic
Deloitte Financial Advisory Services LLP
dfancher@deloitte.com
+1 770 265 9290

Ed Rial
Principal, Forensic
Deloitte Financial Advisory Services LLP
erial@deloitte.com
+1 212 436 5809


This document contains general information only and Deloitte is not, by means of this document, rendering accounting, business, financial, investment, legal, tax, or other professional advice or services. This document is not a substitute for such professional advice or services, nor should it be used as a basis for any decision or action that may affect your business. Before making any decision or taking any action that may affect your business, you should consult a qualified professional adviser.

Deloitte shall not be responsible for any loss sustained by any person who relies on this document.

As used in this document, “Deloitte” means Deloitte Financial Advisory Services LLP, which provides forensic, dispute, and other consulting services, and its affiliate, Deloitte Transactions and Business Analytics LLP, which provides a wide range of advisory and analytics services. Deloitte Transactions and Business Analytics LLP is not a certified public accounting firm. Please see www.deloitte.com/us/about for a detailed description of our legal structure. Certain services may not be available to attest clients under the rules and regulations of public accounting.

Copyright © 2020 Deloitte Development LLC. All rights reserved.

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Forensic Focus on COVID-19 | Conducting Investigations Remotely During Times of Uncertainty

This is the second in a Deloitte Forensic series around COVID-19 business impacts and steps you can proactively take to help respond to and recover from the outbreak and mitigate potential fraud and financial crime risks.


Companies are facing significant operational, financial, and strategic challenges as a result of the novel coronavirus (COVID-19) breakout. Lower revenues will likely result in budget modifications, with funding allocated to those parts of the business deemed critical to meet current and near-term operations.

Among the issues companies will need to address is how to handle internal investigations. While some categories of investigations can clearly be delayed, others will require more immediate attention because they concern allegations of significant financial impropriety (e.g., large frauds), implicate the integrity of key officers or management, or are the subject of regulatory or law enforcement actions. In addition to existing investigations and fraud risk factors, the COVID-19 outbreak may result in opportunities for fraudulent or corrupt behavior, including financial statement fraud, misappropriation of assets, and insider trading.

Adding to the complexity of the investigative process are social distancing requirements currently in place, making physical interactions challenging or impossible in the near term.

Accordingly, companies will need to consider how they can productively continue or initiate investigations in the current environment. Fortunately, technology-driven solutions are available to help perform data and information collection and analysis, as well as provide virtual connectivity for interviews and collaboration needs. Options for the remote investigative process include:

  • Investigation planning—Every engagement requires proper planning, but in the context of remote investigations, additional thought and consideration should be given to facilitate a smooth kickoff and execution. In addition to traditional scoping considerations, parties should think through any limitations and nuances that may arise when conducting remote investigations, including:
    • What’s the best approach for conducting interviews?
    • Is our online site secure enough to exchange electronic documents?
    • How will we obtain images of desktops and mobile devices?
    • Will county, state, and federal courts be open to retrieve corporate and individual filing information?
  • Centralized tracking—Leveraging a centralized custodian and matter tracking system will be a key enabler for success. Investigation teams spread across the country and across continents may rely on a custodian tracking system as the single-source repository to track, report, and share information across workstreams in real time. Teams may need to supplant in-person or live interviews by sending electronic questionnaires. Interview responses can be quickly be captured and ingested into the system through automated import functionality, with aggregated responses immediately indexed and searchable without manual review. Stakeholders can leverage dashboards and other automated reporting functionality to bolster remote workflow management and performance monitoring at any given time.
  • eDiscovery collections and document review—Data collection should run in a near normal state since enterprise collections, such as email, are typically done remotely. Custodian devices, which can be imaged remotely or physically shipped in, present a larger, yet solvable logistical challenge. After identifying relevant data sources, discovery specialists can coordinate with IT teams to access and download enterprise or cloud data sources. With custodian devices, to the extent enterprise collection capability for PCs are in place, there should be little to no impact to collections beyond internet upload speeds. In the absence of enterprise collection capability, collections will require custodian notification, increasing the risk that information may be deleted or destroyed. In those situations, a typical approach would involve mailing an encrypted hard drive preloaded with scripts directly to custodians to connect to their devices. Devices can then be accessed and controlled remotely, or even automatically, to securely extract and collect the data. Server eDiscovery software solutions such as Relativity further allow for the digital production, review, and tagging of documents.
  • Forensic accounting analysis—Electronic access to enterprise resource planning systems data and supporting documents are generally available for remote forensic accounting analyses. Advances in data analytics have expedited the acquisition of large amounts of accounting and financial data, and predictive capabilities have significantly shortened the time required to identify relevant transactions. Secure share sites enhance collaboration between investigative and client teams and can facilitate the transfer and review of potentially sensitive information.
  • Business intelligence searches—Business intelligence research is predominantly conducted through online databases and telephone interviews, except where court or business filings have not been digitized.
  • Investigative interviews—Although the use of teleconferencing or videoconferencing software has become the “new normal” within most businesses, attorneys and investigators must carefully weigh the advantages and disadvantages of conducting investigative interviews remotely. Many software programs offer document sharing and face-to-face communication capabilities, allowing interviewers to observe interviewees’ reactions and assess credibility. Still, for certain key or essential witnesses where timing is not urgent, the ability to better control the interview’s circumstances—including environment, pace, and ease of access to potentially voluminous documents—in-person interviews may be the preferred route.

As companies continue to evaluate their business operations in the wake of the COVID-19 outbreak, consideration should be given to how best prioritize their investigations portfolio and implement the cost and process efficiencies available through remote, digital technologies.

Deloitte possesses the capabilities and reach to serve clients as they deal with the impacts of the COVID-19 outbreak. Deloitte can bring the right people, processes, and technologies to assist our clients with their most sensitive matters during these critical times.

People: Deloitte’s deeply experienced investigations teams can scale as needed, support our clients globally, and effectively utilize digital platforms to execute remotely.

Process: Deloitte has developed a repeatable, scalable, and defensible methodologies around investigative planning and execution, forensic accounting, custodian management, data preservation and collection, and enhanced data and document review (utilizing Brainspace, predictive coding, and advanced analytics).

Additionally, our experience in working within leading cloud technologies enables us to conduct investigations without physically handling devices or data.

Technology: While we leverage leading industry tools, clients can also select the solution that can most appropriately meet their needs. We can also work with clients to craft workflows and accelerators. This customized approach enables us to modify applications we have developed to expedite important accounting and discovery-related investigative tasks.


We’re here to help.

Anthony Campanelli
Partner
Deloitte Financial Advisory Services LLP
acampanelli@deloitte.com
+1 212 436 5386

Kevin Corbett
Partner
Deloitte Financial Advisory Services LLP
kcorbett@deloitte.com
+1 212 436 6509

Chris Georgiou
Partner
Deloitte Financial Advisory Services LLP
cgeorgiou@deloitte.com
+1 212 436 3331

Don Fancher
Global Leader
Deloitte Financial Advisory Services LLP
dfancher@deloitte.com
+1 770 265 9290

Ed Rial
Principal
Deloitte Financial Advisory Services LLP
erial@deloitte.com
+1 212 436 5809


This document contains general information only and Deloitte is not, by means of this document, rendering accounting, business, financial, investment, legal, tax, or other professional advice or services. This document is not a substitute for such professional advice or services, nor should it be used as a basis for any decision or action that may affect your business. Before making any decision or taking any action that may affect your business, you should consult a qualified professional advisor.

Deloitte shall not be responsible for any loss sustained by any person who relies on this document.

As used in this document, “Deloitte” means Deloitte Financial Advisory Services LLP, which provides forensic, dispute, and other consulting services, and its affiliate, Deloitte Transactions and Business Analytics LLP, which provides a wide range of advisory and analytics services. Deloitte Transactions and Business Analytics LLP is not a certified public accounting firm. Please see www.deloitte.com/us/about for a detailed description of our legal structure. Certain services may not be available to attest clients under the rules and regulations of public accounting.

Copyright © 2020 Deloitte Development LLC. All rights reserved.

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