Episode 436 — Internal Investigations in the Age of AI

Michael Volkov examines how artificial intelligence is transforming internal investigations — and what the Justice Department now expects from companies navigating this new landscape. Michael breaks down DOJ’s updated Evaluation of Corporate Compliance Programs, which directs prosecutors to scrutinize how companies assess AI risks, whether compliance functions have adequate access to data and analytics resources, and what controls prevent the reckless misuse of new technologies. He then walks through the five most dangerous failure modes when AI meets internal investigations — hallucinated witness summaries, missed hot documents, privilege waiver through third-party AI tools, discoverable prompt trails, and investigator overreliance — before turning to the emerging frontier: investigations where AI itself is the subject, including employee AI misuse, deepfake and synthetic evidence, and the growing class of AI whistleblowers protected under SOX and Dodd-Frank. Michael closes with six concrete action items for building an AI-ready investigation protocol that will withstand regulatory scrutiny.

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