Managing Off-Channel Communications in Internal Investigations

In virtually any organization, employees sometimes conduct work-related communications through channels other than those that are officially condoned. However, off-channel communications can make collecting evidence in an internal investigation difficult, to say the least. At a panel during SCCE’s 24th Annual Compliance & Ethics Institute, David Carney, a partner at Robinson+Cole; Jeffrey Goldberg, vice president and CCO at CLEAR; Kenneth Koch, forensic market leader at BDO; and Tasneem Kalolwala, vice president for internal audit at Bridgestone Americas, shared advice on constraining and tracking off-channel communications. This article distills their insights. See “SEC Denies Motion to Amend and Stay Settled Orders Over Off-Channel Communications” (Jun. 19, 2025); and “SEC Penalizes Adviser for Failing to Preserve Off-Channel Communications” (Aug. 29, 2024).

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