A Private Investigator Can Serve as an Asset in Business Litigation | USA
John Schmidt, a partner and the Litigation Practice Team Co-Leader, and Mitchell Snyder, litigation associate at Phillips Lytle LLP, are joined by Patricia Hensley, the chief operating officer of Peter M Vito and Associates Inc, a private investigation firm in Buffalo, New York, to discuss how a private investigator can serve as an asset in business litigation.
The speakers discuss the situations in which it may be prudent to approach a private investigator for assistance with a matter and when it is right to do so. While not every case requires a private investigator, if an employee has a suspicion that something is awry in the workplace, it is important to outline a course of investigation and pursue it confidentially, involving as few other employees and outside parties as possible.
In the course of their work, private investigators will conduct extensive background investigations which could show possible prior histories of embezzlement or wrongdoing, as well as surveillances based on a client’s needs. If there is a workplace violence threat, the investigator will either focus on the person making the threat or ensure that the principals of the business who are being threatened are protected properly.
Most important is that the investigator is able to be reached and is responsive 24/7 and is trusted by their clients.
“Clients expect and deserve immediate responsiveness when they're facing threats of financial, physical, reputational harm.”
Private investigators and counsel will collaborate to collect information, learning relevant business software, working with employees to develop a case and gaining insight into how a business is run.
There are certain limitations which law enforcement officers face, which do not apply to private investigators. For example, private investigators can interview without mirandizing, request permission to search, obtain and collect evidence without a search warrant, and tailor their investigation based on a client’s requirements.
The speakers discuss the skills set unique to private investigators, exploring some examples and benefits of pre-litigation investigations, in particular in cases which lead to early resolution.
Phillips Lytle LLP
