A panel discussion among a defense lawyer, a deal lawyer, and a strategic communication professional.

 

It happens more than you might think: a subpoena or a civil investigative demand arrives, indicating that the government is investigating you. Perhaps there is a whistle blower lawsuit filed by a disgruntled employee, perhaps there is an investigation initiated by a government agency. Often these sorts of things can create a great deal of uncertainty, especially if the target is in the process of raising equity, borrowing money or is engaged in a sale process.

 

The panel will walk through how best to respond to this sort of situation from several standpoints. First, the panel will discuss issues about how to respond responsibly and quickly in order to mitigate any potential liability and manage the internal or external costs associated with an investigation. Second, the panel will discuss how to handle the facts of the investigation in the larger business context – what sort of stakeholders need to be brought into the conversation? Are there key external constituencies that need to be informed? How can the fact of the investigation be messaged to the broader community if it becomes public? Third, the panel will discuss how to manage the situation when the target is undergoing any significant, unrelated event such as a capital raise, a loan, a sale, or a purchase in which the seller is accepting “roll forward” equity.