Strategies to Prepare for and Manage an Investigation
A number of questions regarding the enforcement priorities and agendas of government agencies remain unanswered so far this year: Will the still new Administration cut back on enforcement? Will state attorneys general pick up any slack? Pondering those questions, as important as they are, cannot leave you unprepared for a knock at the door. Investigations can lead to large fines and penalties, publication of embarrassing and sensitive information, expensive legal fees, and great diversions of staff time, not to mention the risk of significant PR and reputational harm.
Yet there are approaches that can help you satisfy investigating entities and send them happily on their way. Strong internal controls, good document and information management, appropriate governance, and effective government outreach can mitigate the risks of an investigation.
Our speakers—who have vast experience managing government investigations and enforcement actions both in and outside the government—will discuss specific, effective, and proven strategies to implement before an investigation hits. Our speakers have guided companies and individuals through critical investigations brought by the FTC, state attorneys general, DOJ, CFPB, FDA, Department of Education, Department of Labor, and other state and federal bodies. The panelists will discuss the following topics: identifying and understanding your company’s/organization’s vulnerabilities and strengths, strategies for interacting with investigators and for “answering the door,” including responding to subpoenas and document requests, and managing the challenges of parallel federal and state investigations (and even litigation).
Moderator:
Alexandra Megaris, Esq., Counsel, Venable LLP
nine years of experience managing investigations by state attorneys general, FTC, CFPB, and the U.S. Congress
Panelists:
Michael Blume, Esq., Partner, Venable LLP
former Director of the Consumer Protection Branch at the U.S. Department of Justice
Len Gordon, Esq., Partner, Venable LLP
former regional director for the FTC’s Northeast Regional Office
Doreen Martin, Esq., Partner, Venable LLP
a former New York State prosecutor
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This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour, of which 1 hour applies to the general credit requirement, and by the State Bar of New York in the amount of 1 credit hour, of which 1 credit hour can be applied toward the Areas of Professional Practice requirement.
Venable certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California and State Bar of New York, which govern minimum continuing legal education. Venable is a State Bar of California and State Bar of New York approved MCLE provider.