Nelson Mullins Encompass


Managing Government Investigations: The First 48 Hours

November 7, 2013

Bloomberg BNA Digital Discovery & e-Evidence

Reproduced with permission from Digital Discovery & e-Evidence

You are the general counsel of a company operating in a highly regulated industry, and you just received notice from a regulator that your company is suspected of material violations of applicable laws and regulations. What do you do? What steps should you take? Who should conduct the investigation? What should the scope of the investigation be? How should the investigation be conducted?

This article provides a list of issues that should be considered in addressing these questions. It begins with a brief background on investigations and then discusses critical steps that should be taken in the first 48 hours of an investigation, including deciding whether an investigation should take place, defining the scope of that investigation, and initiating a plan of attack for conducting the investigation.