Video | Protiviti Legal Perspectives With Managing Director Marshall Matus | Protiviti United States

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.”

Topics

Risk Management and Regulatory Compliance Legal Litigation Artificial Intelligence

The Value of Early Engagement With Advisers

A key takeaway from the conversation is the importance of engaging advisory services early in the lifecycle of a legal matter. Matus highlights that waiting too long to involve external consultants, outside counsel or technology experts can lead to inefficiencies and missed opportunities to leverage specialized expertise.

“Bringing in trusted advisers at the onset allows them to be part of the strategic-planning process,” says Matus. “Whether it’s a regulatory response, litigation or internal investigation, involving experts early on can help craft a more effective methodology for managing the matter.”

Protiviti’s Legal Consulting practice often partners with outside law firms and domain specialists to offer a holistic approach, blending legal expertise with advanced technologies to deliver optimal outcomes.

AI’s Expanding Role in Investigations and eDiscovery

One of the most transformative developments in legal consulting is the growing role of artificial intelligence (AI) and machine learning. The conversation dives into how AI is reshaping how companies prioritize, identify and analyze data in investigations and e-discovery.

Matus notes that while AI offers significant efficiencies, it must be applied thoughtfully and defensibly. He advocates for a measured approach, where AI tools are always paired with human validation and oversight.

“AI is not a set-it-and-forget-it solution,” Matus explains. “Every AI-assisted process must have human control points to assess, validate and course-correct outputs along the way.”

A prime example is technology-assisted review (TAR), a widely used AI application in e-discovery. TAR excels at binary classification tasks, such as identifying responsive versus nonresponsive documents. However, Matus highlights that not all data types lend themselves equally to TAR workflows — structured data like financial transactions may require different AI models and methodologies.

Beyond document review, Protiviti is leveraging AI in groundbreaking ways, including the decomposition of large contract stacks. By combining AI with Python scripting and other automation tools, the team can extract and classify contract clauses, providing a faster and more consistent approach to contract analysis.

AI in Action: A Fraud-Investigation Use Case

Matus illustrates the power of AI with a real-world example: internal investigations into suspected fraud. While email and collaboration tools like SharePoint or Teams are common data sources, financial systems like Salesforce and Concur often hold the most valuable clues.

“Traditionally, keyword searches were the go-to method for sifting through data,” says Matus. “But in 2024, keywords alone are no longer sufficient. AI allows us to query structured and unstructured data in much more sophisticated ways, making investigations faster and more precise.”

By loading diverse datasets into AI platforms, Protiviti can perform contextual searches across different systems, then validate the results through representative sampling. This approach significantly improves efficiency while maintaining defensibility.

Building an AI Playbook

With AI adoption accelerating, Matus stresses the importance of preparation. Companies should develop AI playbooks that outline how different data types will be handled, validated and documented in legal matters. These playbooks not only streamline workflows but also enhance defensibility in regulatory inquiries and litigation.

“Defensibility needs to be built into the process from the start,” Matus advises. “Identify your internal data sources, map out common matter types and establish clear protocols for using AI tools before the need arises.”

Conclusion

The legal landscape is evolving rapidly, with technology playing an increasingly central role. Protiviti’s Legal Consulting practice is at the forefront of this transformation, helping companies strike the right balance between transparency and confidentiality while harnessing AI to improve efficiency and accuracy.

By engaging trusted advisers early on, applying AI responsibly and developing comprehensive AI playbooks, organizations can better navigate the complexities of modern investigations, e-discovery and regulatory compliance.

Listen to the full conversation on Protiviti Legal Perspectives and discover how AI is reshaping the future of legal consulting.

Want to learn more? Listen to our other episodes from the Protiviti Legal Perspectives podcast to stay up to date on the latest trends and insights shaping the legal industry. For more information about Protiviti’s services, visit our website.