Twenty years ago, a corporate investigator’s greatest challenge was finding information. Today, information is abundant. The challenge is determining whether it can be trusted, understanding what it means and, perhaps most importantly, reaching the people who can provide context that no database ever will.
This creates a paradox for corporate legal departments. Technology has made investigations faster and more efficient, but it has also created the potential for false confidence. The greatest investigative risk in 2026 may not be missing information. It may be mistaking abundant information for complete information.
Consider the proliferation of automated due diligence products. Companies can now purchase inexpensive reports that instantly identify bankruptcies, criminal records, professional licenses, previous employers, business affiliations and other public information. These products can be enormously useful, particularly for preliminary reviews or screening large numbers of employees.
But screening and investigation are not the same thing. Screening asks whether available databases reveal a problem. Investigation asks whether there is a problem the databases don’t reveal.
Within the investigations industry, automated reports are sometimes called “data dumps” because they can present facts without context. A bankruptcy filing from fifteen years ago tells you little by itself. Was it the result of financial irresponsibility? A failed entrepreneurial venture? Crushing medical expenses while caring for an ill family member? The fact may be accurate while the conclusion drawn from it is completely wrong.
The underlying data can also be incomplete. Although public records have become far more accessible, coverage remains uneven. Court systems differ dramatically from state to state, and often county to county. Experienced investigators know where records remain offline, where manual retrieval is still necessary and where a “clean” report may reflect missing information rather than the absence of risk.
That distinction matters when a general counsel is evaluating a senior executive, investigating allegations of misconduct or advising on a significant transaction. The question should not simply be, “What did the search find?” It should also be, “What could the search have missed?”
A recent matter illustrates the difference. A client preparing to appoint a candidate to a senior finance role had already obtained a clean automated background report. Our own records research found nothing different. But conversations with former colleagues did. Two sources independently described an internal review of the candidate’s expense claims that had resulted in a negotiated departure and confidentiality agreement. Nothing had been filed in court or reported to a regulator, so no database contained the information. The client withdrew the offer.
At the same time information has become easier to find, people have become harder to reach.
Spam calls, robocalls, phishing and text-message scams have fundamentally changed how people communicate. According to the Pew Research Center, eight in ten Americans generally do not answer calls from numbers they do not recognize. For investigators whose work frequently depends on speaking with former colleagues, competitors, suppliers, customers and other knowledgeable sources, that represents a profound change.
Not long ago, identifying the right person to call was often the difficult part. Today, finding that person may take minutes. Getting them to answer the phone—and then persuading them to talk—is considerably harder.
That makes creativity more important than ever.
Commercial investigations rarely come with unlimited budgets or timelines. A GC advising on a pending acquisition, litigation or executive hire usually needs answers quickly. Investigators therefore need to find new ways to reach knowledgeable people, using some combination of phone calls, carefully crafted emails, text messages, professional networks, referrals and other lawful investigative techniques. When one approach fails, a good investigator needs another.
But creativity is not limited to finding people. It also means recognizing when something that looks ordinary deserves another look.
In another matter, a private equity client requested background checks on the management team of a company it was about to acquire. The CFO presented as a 30-year veteran of corporate finance. His record was clean. What bothered the investigator was the shape of that record: his documented professional history began only nine years earlier.
The team kept pulling at the thread. Roughly a decade earlier, under a slightly different first name, the same man had been convicted of defrauding a client of several million dollars, served a prison sentence and been barred by the Securities and Exchange Commission. Two seemingly insignificant details helped tie the identities together. In a filing seeking leniency, he had mentioned his two young sons and devotion to a particular football team. A decade later, his company biography mentioned two teenage sons and the same team. The client received the findings two days before signing.
No technology told the investigator that a missing 20 years of history was suspicious. Judgment and curiosity did.
This is also why the relationship between a GC and an investigator matters. For consequential matters, a GC should know and trust the investigative team rather than treating investigations as a commodity purchased whenever a need arises. A trusted investigator learns how a company thinks about risk, understands the GC’s priorities and knows when something uncovered during an investigation warrants an immediate phone call rather than another paragraph in a final report.
Just as importantly, trust allows investigators to be candid about what they do not know.
A polished report can create an impression of certainty that the underlying investigation does not justify. If investigators identified twenty potentially valuable sources but could reach only three, the client should understand that limitation. If relevant records are unavailable digitally, that should be clear. If an allegation cannot be independently verified, the report should distinguish allegation from established fact.
GCs can encourage this by asking questions at the outset: Which findings will come from primary records and which from aggregated databases? What potentially relevant records are not available electronically? How will knowledgeable human sources be identified and approached? What happens if they cannot be reached? And where are the likely gaps in what we will know?
Artificial intelligence and other technologies will continue to improve corporate investigations, and investigative firms that fail to embrace them will fall behind. But technology is changing where the real value of an investigation lies.
Information has become abundant. Judgment, access, creativity and trust have become scarce.
The most valuable investigative report in 2026 may therefore not be the one containing the most information. It may be the one that most clearly distinguishes what is known, what is believed, what could not be verified—and what the company still needs to know before making a consequential decision.
Ben Kunde is an Executive Vice President at Interfor International.
To find out more, please reach out to info@interforinternational.com