Executive Misconduct in the Public Eye: A Legal Framework for Internal Investigations Triggered by Reputational Crises
By K. Braeden Anderson, Esq.
On July 16, 2025, a video recorded at a Coldplay concert began circulating widely across social media platforms and news outlets. The footage, captured on a stadium jumbotron, showed Andy Byron, Chief Executive Officer of Astronomer—a private data infrastructure company with a $1 billion valuation—embracing Kristin Cabot, the company’s Chief People Officer. The moment, interpreted by many viewers as romantic in nature, has prompted widespread speculation about the nature of the relationship between the two executives. The fact that Mr. Byron is married and that the interaction occurred in a highly public setting has only heightened the controversy.
The incident has generated not only public curiosity but also serious legal and governance implications. In the wake of this event, Astronomer finds itself confronting a high-stakes reputational and organizational crisis, one that demands swift, independent, and well-structured internal review. This article outlines the legal framework and strategic considerations applicable when public allegations implicate senior leadership, particularly in private companies approaching or exceeding unicorn status.
I. The Role of the Internal Investigation in Executive Crisis Management
Internal investigations are not mere compliance exercises—they are fundamental governance tools. When a matter involves C-suite executives and poses reputational, ethical, or legal risks to the enterprise, the internal investigation becomes a strategic necessity. In such instances, the investigation must achieve multiple objectives:
Determine the relevant facts through a credible and independent process;
Assess potential violations of company policy, fiduciary duties, or applicable law;
Mitigate legal and reputational exposure through proactive governance action;
Protect privilege and confidentiality while ensuring transparency to appropriate stakeholders.
Where the conduct in question is captured on video, widely disseminated, and linked to the company's leadership team, the margin for procedural error is narrow. The response must be both principled and pragmatic.
II. Triggering an Internal Investigation: Key Threshold Considerations
When the conduct of senior executives enters public view and generates legitimate concern regarding their judgment or behavior, boards of directors must consider several threshold questions:
Does the conduct violate company policy, including codes of ethics, workplace relationship protocols, or disclosure requirements?
Does the conduct undermine the executive’s credibility, leadership capacity, or the company's public image?
Could the conduct expose the company to liability, including under employment, securities, or fiduciary duty doctrines?
In Astronomer’s case, the appearance of impropriety alone may justify triggering an investigation. Most modern corporate policies governing executive conduct explicitly prohibit undisclosed romantic relationships between executives, especially where one party may have direct or indirect authority over the other.
III. Structural Integrity of the Investigation
A. Board-Led Oversight
When the CEO is the subject of the investigation, the company’s board of directors must immediately convene and form a special committee—excluding any potentially conflicted individuals—to determine investigative scope, appoint external counsel, and oversee the process. Failure to isolate the review from management influence may later be viewed as a failure of fiduciary oversight.
B. Independent External Counsel
Investigations of this nature require external legal counsel with experience conducting sensitive internal reviews involving executive conduct. In-house counsel, even if technically capable, may lack the perceived or actual independence required for credibility. Retaining outside counsel helps preserve privilege, ensures investigative integrity, and sends a clear message to employees, regulators, and investors that the company is taking the matter seriously.
C. Preservation of Evidence
Counsel should immediately direct the preservation of:
Internal communications (e.g., emails, Slack messages, text messages)
Calendars and meeting logs
Expense reports and travel documentation
Employment agreements and relevant HR records
This preservation step must occur before any witness interviews take place, in order to secure unaltered records and avoid any inference of concealment.
IV. Conducting the Investigation: Best Practices
A. Witness Interviews
Initial interviews should be conducted with:
The CEO and Chief People Officer
Any employees present at the concert or who possess relevant information
HR and legal personnel responsible for compliance and reporting procedures
Interviews must be structured, documented, and conducted under Upjohn warnings. Counsel must clarify that representation is on behalf of the company, not the individual witness.
B. Policy and Culture Review
Investigators should assess not only the individual conduct in question but also:
Whether relevant policies were enforced and understood
Whether prior concerns about conduct or culture were raised or ignored
Whether structural weaknesses in compliance or reporting channels exist
V. Outcome Assessment and Remedial Action
Once the investigation concludes, the board must determine:
Whether policy violations occurred;
Whether discipline or termination is warranted;
Whether the individuals may continue in their leadership roles without impairing the company's credibility;
What communications must be issued to internal and external stakeholders;
What changes are necessary to strengthen governance and culture.
In cases where the facts confirm a personal relationship, even absent formal policy violations, the board may nonetheless conclude that the executives’ judgment has been compromised, impairing their leadership capacity. In such instances, voluntary resignations or negotiated transitions may serve the best interest of the company.
VI. Public Relations and Stakeholder Messaging
The company must craft a communications strategy that balances:
Legal risk
Confidentiality
Transparency to investors, employees, and customers
In most instances, public acknowledgment of the investigation, coupled with a commitment to accountability, is preferable to silence or denial. Retaining a crisis communications firm alongside external counsel is advisable to ensure message discipline and alignment across audiences.
VII. Conclusion
Public misconduct by senior executives—whether confirmed or merely perceived—can catalyze an existential crisis for a company. The response must be prompt, independent, and guided by legal principles, not public relations optics alone. Internal investigations serve not only to ascertain facts but also to affirm that the company’s governance framework is capable of withstanding pressure.
The Astronomer situation underscores a broader truth: companies are increasingly judged not only by the behavior of their leaders, but by how they respond when those leaders fall short. When handled correctly, an internal investigation is not merely a damage control exercise—it is a demonstration of the company’s integrity.
About the Author:
K. Braeden Anderson is the founder and principal attorney at Anderson P.C., a boutique law firm focused on securities enforcement, internal investigations, and complex regulatory matters. He advises boards, executives, and companies on high-stakes corporate governance and crisis response.
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