Responding to Government Investigations: Legal and Ethical Considerations

Strategies for In-House Counsel to Meet Corporate Obligations and Avoid Individual Liability

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Tuesday, January 24, 2012
Recorded event now available


This CLE webinar will provide strategies for in-house counsel responding to government investigations. The panel will discuss common legal and ethical issues that arise before, during and after an investigation, and will discuss best practices for counsel to address them.

Description

When responding to government investigations, in-house counsel must consider a number of legal and ethical issues.

Failure to investigate the relevant issues thoroughly and fairly, to communicate effectively with employees, and to plan an appropriate document retention strategy can all exacerbate the situation and complicate the issues facing the company client.

Further, counsel can be exposed to individual liability if he or she fails to communicate clearly and forthrightly with the government.

Listen as our authoritative panel of practitioners, experienced in government investigations, explains effective tactics for in-house counsel when responding to government investigations. The panel will discuss common legal and ethical issues that arise before, during and after an investigation, and strategies for counsel to address them.

Outline

  1. Preparing for investigations
    1. Determining who should conduct the investigation—in-house or outside counsel
    2. Determining whether to self-report investigation to the government
    3. Determining scope of investigation
    4. Clarifying role of in-house counsel
  2. Conducting investigations
    1. Document retention strategies
    2. Interviewing employees
    3. Preserving privileges
    4. Selecting experts
  3. Post-investigation best practices
    1. Reporting results of investigation/determining whether to cooperate with government
    2. Remediation measures
    3. Dealing with parallel civil proceedings

Benefits

The panel will review these and other key questions:

  • What are the benefits and risks of in-house counsel overseeing government investigations?
  • What are the legal and ethical obligations of in-house counsel engaged in government investigations?
  • What privileges are implicated in government investigations — and how can companies avoid compromising any legal protections?
  • What are the factors in-house counsel must consider when deciding whether and what to communicate to the government during and after the investigation is complete?

Faculty

William T. Hassler, Partner
Steptoe & Johnson, Washington, D.C.

His practice has encompassed a broad range of criminal and civil cases. He has handled cases involving alleged corporate misconduct, complex environmental matters, charges of healthcare fraud, the regulation of medical devices, and the representation of witnesses subject to investigation by Congressional committees. He is a former Special Assistant to the Director of the FBI.

Brian K. French, Partner and Deputy Practice Group Leader, Government Investigations & White Collar Defense
Nixon Peabody, Boston

He focuses on government investigations, regulatory compliance and enforcement matters, and civil litigation, particularly in the pharmaceutical, medical device, and health care industries. He represents life sciences companies, health care organizations, and individuals in criminal and civil investigations, False Claims Act litigation, and other matters involving health care fraud and abuse.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $297.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)

Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event

How does this work?

CD (Audio with Slide PDFs) $297.00 plus $9.45 S&H
Available ten business days after the live event

Webinar/Teleconference

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

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Program Materials

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Can't Attend the Live Program?

Ethics Credits

An excellent opportunity to earn ETHICS CLE credits in states where webinars are accredited. Note: No ethics credit for Va.

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CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

More Details >

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Customer Reviews

The speaker's use of practical examples and not just talking about legal concepts, was very good.

Jeffrey Kaplan

Gaglione, Dolan & Kaplan

Excellent topics, discussed very well.

McClure King

Dearborn National

The speakers were tops in their industry.

Peter Danias

Kaye Scholer

Very good.  Gave me exactly what I wanted.  The questions I emailed in were handled thoroughly.

James J. Long

Briggs & Morgan

The speakers were very knowledgeable about the area and you could tell they cared. It was nice to call in and be able to speak to them live.

Shari J. Reich

Kenney Shelton Liptak Nowak LLP

or call 1-800-926-7926

Corporate Law Advisory Board

Stuart M. Altman

Partner

Hogan Lovells

Mark H. Hain

General Counsel

Assurance America Corporation

Michael Hermsen

Partner

Mayer Brown

Matthew A. Karlyn

Partner

Foley & Lardner

Kathleen Mayton

General Counsel

Rollins, Inc.

Michael J. Missal

Partner

K&L Gates

G. Thomas Stromberg

Partner

Kaye Scholer

or call 1-800-926-7926

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