Many companies have an investigation protocol in place when a potential Foreign Corrupt Practices Act or other legal issue arises. Many boards, however, do not have the same rigor when it comes to an investigation, which should be conducted or led by the board itself. The consequences of this lack of foresight can be problematic, because if a board does not adequately conduct an investigation, the consequences to the company, its reputation, and value can be quite severe.

Consider these key factors:

Thomas Fox has practiced law for over 40 years. Tom writes the daily award-winning blog, the FCPA Compliance and Ethics blog and founded the Compliance Podcast Network. Tom leads the discussion on AI in...