White Collar Defense: Navigating Corporate Investigations
Best practices for responding to subpoenas, conducting internal investigations, and managing reputational risk.
When The Regulators Call
A government investigation can paralyze a company. A swift, strategic response is the only way to mitigate damage.
Preserving Privilege
The Attorney-Client Privilege is your shield. Internal investigations must be directed by counsel to ensure findings remain confidential. Mixing business advice with legal advice can waive this privilege.
Data Preservation
Upon notice of an investigation, a "Litigation Hold" must be issued immediately to stop the destruction of documents and emails. Failure to do so can lead to charges of obstruction of justice.
Cooperation Credit
Deciding whether to self-disclose misconduct to regulators is a high-stakes gamble. The DOJ's current policy incentivizes self-disclosure with reduced fines, but it requires full transparency—a difficult pill to swallow.