Navigating Parallel Agency Investigations and Civil Litigation: Discovery and Disclosure Challenges

Cooperating With Investigations While Protecting Corporate Interests in Parallel and Potential Civil Suits

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

Conducted on Wednesday, November 19, 2014

Recorded event now available

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Program Materials

This CLE webinar will provide litigators with a game plan for handling the dichotomy that comes with corporate government investigations in parallel with civil suits. Our panel will discuss how business litigators can achieve the optimal balance between civil trial strategies and cooperation with agency investigations, including the complex issues involving discovery and disclosures of confidential information.

Description

When an agency such as the DOJ, SEC, etc. investigates a corporation for suspected regulatory violations, counsel must navigate a delicate balance between cooperating with the investigation while protecting clients from disclosures that could trigger civil suits (including class actions) or impact ongoing parallel civil litigation.

Counsel must resolve the evidentiary/cooperation conflict early in an investigation to gain favorable settlement terms for the client, and mitigate the expense and time involved, even when no violation is found. Counsel must navigate the demands of a federal agency and defense strategies for future or parallel civil suits by strategically managing agency review of private business communications and decisions.

E-discovery often adds to the complexity given the lack of consistent guidance from the courts and rules of civil procedure. Rules and safeguards governing proper e-discovery practices based in rules of civil procedure or case law may not always apply when a company is dealing with a government investigation.

Listen as our authoritative panel reviews best practices for strategizing during a government investigation of a corporation. Panelists will review discovery concerns to include special issues presented by e-discovery and the effect that civil litigation strategy has on the investigation itself.

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Outline

  1. Privileges and protections
  2. Disclosures
  3. E-discovery
  4. Overall effect of civil litigation strategy

Benefits

The panel will review these and other key issues:

  • Bests practices for counsel managing a corporate client’s cooperation with an agency investigation while defending the client’s interests in parallel and potential civil suits
  • Key considerations and approaches to protect privileges and confidentiality while complying with agency demands for information
  • The impact of litigation strategies on the government investigation—and vice-versa
  • Complex challenges and solutions for counsel when e-discovery is involved

Faculty

Michael M. Farhang
Michael M. Farhang
Partner
Gibson Dunn & Crutcher

Mr. Farhang is a former federal prosecutor and a member of the White Collar Defense and Investigations and Securities...  |  Read More

Douglas Fuchs
Douglas Fuchs
Partner
Gibson Dunn & Crutcher

Mr. Fuchs is a member of the firm's White Collar Defense and Investigations, Securities Enforcement and Securities...  |  Read More

Matthew Hoffman
Matthew Hoffman
Partner
Gibson Dunn & Crutcher

Mr. Hoffman specializes in civil trials in both federal and state courts, with a principal focus on complex business...  |  Read More

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