Taking Manageable (Giga)Bytes
Tips for Managing Regulatory Enforcement Interactions
in a Digital Age
The Georgia chapter of the Association of Corporate Counsel and Paul Hastings will host a CLE seminar followed by a cocktail reception.
The era of paper productions in response to grand jury and administrative enforcement subpoenas is over. Subpoenas and court orders obtained by regulators increasingly command the production of literally millions of pages of electronic files in native format. Moreover, compliance is often complicated by the fact that responsive—and potentially inculpatory—documents typically no longer reside solely on a company server. Instead, they may be hosted by a third party in the cloud or they may reside on employee-owned mobile devices utilized for business.
At a time when the costs of compliance with even routine electronic investigative techniques has become astronomical, it is important to remain current on recent digital investigation developments that serve to limit not only your company's potential liability, but also its financial exposure. Understanding these developments is also critical in private litigation or when your company has been victimized and needs to refer a matter for prosecution.
Among other things, this presentation will address:
Compliance with subpoenas and court orders compelling the production of electronic files;
Best practices for searching for responsive electronic records, including on back-up tapes and other non-traditional sources;
Tips for dealing with prosecutors and regulatory enforcement attorneys in negotiating the scope of a grand jury subpoena, civil investigative demand, or administrative summons;
Tips for reviewing data acquired in response to an enforcement subpoena to minimize cost and exposure;
Tips for acquiring data from mobile devices, particularly in “Bring Your Own Device” settings; and
Compliance and privacy considerations associated with data hosted by a third party, social media data, and data residing in foreign jurisdictions.
The presenters each have deep experience with “paperless” regulatory enforcement matters. They also routinely work on matters in which the results of an internal investigation—specifically electronic evidence—have been presented for prosecution. We look forward to a robust discussion with active audience participation.
David ChaikenAssistant United States Attorney for the Northern District of Georgia
Aaron LipsonAssistant Regional Director in the SEC’s Enforcement Division, Atlanta Regional Office