Electronic information pervades our society. Corporations and other organizations create, store, and utilize that information in all facets of business. Unfortunately, security can be breached and any breach can lead to investigations by various government agencies at the federal and State levels. Those investigations may lead to disputes about scope, variety and volume of electronic information to be produced.

Speakers: Divonne Smoyer

Event Type: Seminar

Location Name:
PLI New York Center, 1717 Avenue of the Americas (2nd Floor), entrance on 45th Street, New York NY 10036
Start Date/Time:
1 February 2019, 1:30 PM ET
End Date/Time:
1 February 2019, 5:00 PM ET

This program will explore the role of electronic information through a hypothetical breach of a corporation’s information that leads to an investigation. It will focus on the “what, why and how” an investigation is conducted – from the viewpoint of the investigating agencies and of the corporate representatives charged with responding to the investigation. The program will then consider a hypothetical class action that parallels the investigation and how that parallel litigation interacts with the investigation.

Our faculty, which includes experienced regulators and attorneys, will address various aspects of government investigations and parallel proceedings with a focus on requests for and production of electronic information.

What You Will Learn

  • What triggers a government investigation?
  • What is the scope of a government investigation?
  • What are the limitations on a government investigation?
  • What might the government demand in an investigation and how might a corporate entity respond to such a demand?
  • What room for negotiation exists between a corporate entity and the government?
  • What is the role of -- and relationship between -- parallel civil proceedings and government investigations, and how might these be coordinated?

Who Should Attend

This program will be of interest to in-house and retained counsel, as well as corporate officers and other personnel who find – or may find – their clients under investigation by federal or State regulators. The program will also benefit counsel for those clients – and for plaintiffs and their counsel – who litigate “parallel” civil actions in tandem with or subsequent to – investigations.

Join Reed Smith partner Divonne Smoyer for her panel entitled "Parellel Civil Proceedings."  Topics will include:

  • What gives rise to parallel civil proceedings?
  • When and why might parallel proceedings be stayed?
  • How is information produced in investigations made available for civil proceedings?
  • What is the relationship, if any, between an investigating agency and counsel for plaintiffs in a parallel proceeding?
  • What protections are available for information produced in investigations that may be subject to attorney-client privilege and/or constitute work product?

For more information, or to register, visit pli.edu.