INTERNAL INVESTIGATIONS AND THE FOUNDATIONS OF RELIABLE FACT-FINDING
Internal investigations have become a central aspect of contemporary governance. They are no longer limited to establishing facts: they reveal the legal cultures, institutional tensions, and conceptions of truth that structure organizations. In a world where companies operate simultaneously under multiple legal jurisdictions, internal investigations have become a arena where factual integrity is at stake—that is, the ability to produce reliable, traceable, and interpretable facts, despite the diversity of models.
This series explores internal investigations as a legal, cultural, and human phenomenon. It analyzes the American, European, and French models, their tensions and convergences, and how artificial intelligence is reshaping factual work. Above all, it demonstrates that cross-jurisdictional competence is no longer an advantage: it is a prerequisite for quality decision-making.
Internal investigations: France, Europe, United States — three models, three cultures
Understanding internal investigations means understanding organizations. Understanding the models means understanding the tensions that structure the decision.
Internal investigations have become a central aspect of contemporary governance. They are no longer limited to establishing facts; they reveal legal cultures, conceptions of truth, and institutional tensions that shape organizations. In an environment where companies operate simultaneously under multiple legal jurisdictions, understanding the American, European, and French models is no longer a theoretical exercise; it is a prerequisite for sound decision-making.
This article inaugurates a series devoted to internal investigations as a legal, cultural and human object. It explores three models, three cultures, three ways of producing — or contesting — the facts.
In this article:
- The foundations of the American model: procedural truth, risk control, culture of disclosure.
- The specific features of the European model: proportionality, fundamental rights, institutional balance.
- French particularities: centrality of the judge, culture of evidence, temporality of guarantees.
- Tensions between models: sovereignty, data, confidentiality, expectations of authorities.
- What these differences reveal about organizations and their relationship to facts.
In the full version, you will find:
- a detailed analysis of the American, European, and French models,
- the cultural, evidentiary, and institutional differences that shape internal investigations,
- the role of technology and AI in investigative practices,
- the areas of silent convergence between the models,
- the practical implications for companies and legal practitioners,
- a reflection on the transjurisdictional expertise required for contemporary investigations
Why this article?
Because internal investigations are never neutral. They are the place where:
- legal cultures,
- human behaviors
- organizational dynamics,
- and different conceptions of truth.
Understanding these tensions means understanding what is really happening in sensitive environments.
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About Coraline Damien
Coraline Damien is an attorney admitted to the Paris and New York Bars. She advises on sensitive matters at the intersection of law, organizational behaviour, and legal cultures. Her work focuses on how global organizations generate, assess, and interpret facts in complex, cross‑border environments.