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

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.