Philadelphia partner Mary Hansen was quoted in a Law360 article titled, “An In-House Guide To Handling A Regulatory Probe.” The article discussed how general counsel should handle a government investigation and what to avoid.
Mary suggests that if your company hears that it is being investigated by a government agency, don’t panic. At the same time, once a company gets a sense of the nature of the investigation, it should put a litigation hold in place by notifying those who could possess information related to the request that it needs to be preserved. After receiving a subpoena, the company should contact the agency to confirm they received the request and will be in touch; it is important to let investigators know if you may need extra time to produce all the documents, but it is not wise to purposely delay handing over information.
“It’s important to start that dialogue with the government agency. It gives you the opportunity to get a better sense of what they’re looking at,” said Mary. “Some agencies will be willing to tell you whether they view you as a witness or target, so making contact to acknowledge receipt of the subpoena and acknowledge that you’re doing the right thing is very important.”
Read the rest of Mary’s comments in An In-House Guide To Handling A Regulatory Probe.