Video | Protiviti Legal Perspectives With Managing Director Marshall Matus

In the latest episode of Protiviti Legal Perspectives, host Chad Volkert, Global Solution leader at Protiviti, engages in an insightful conversation with Marshall Matus, a managing director in Protiviti’s Legal Consulting practice. The discussion explores the critical balance between transparency and confidentiality in corporate legal matters, the evolving role of artificial intelligence (AI) in investigations and e-discovery and how companies can proactively leverage advisory services to navigate complex legal landscapes.

Navigating the Tightrope: Transparency vs. Confidentiality

In-house counsel face a delicate balancing act when managing due diligence and investigations. Companies are under increasing pressure to maintain transparency with regulators, investors and other stakeholders while simultaneously protecting sensitive proprietary data. Matus underscores the importance of setting clear definitions for what information will be shared and what will be safeguarded at the outset of any legal matter. He advises legal departments to align on these definitions early and establish expectations around data access based on the stages of the transaction or investigation.

“When you’re engaging in due diligence, upfront expectation setting is critical,” Matus explains. “Agreeing on what information is protected versus what will be made transparent can prevent conflicts down the line and ensure the right balance between disclosure and confidentiality.”