Arent Fox has a cohesive team of skilled lawyers, including former federal prosecutors, with significant experience in handling government investigations. Our White Collar lawyers have a demonstrated track record dealing with federal, state, and local investigations and prosecutions.
Our White Collar team’s collective experience includes conducting internal investigations, presenting findings to boards of directors and outside auditors, responding to search warrants, government subpoenas and civil investigative demands, preparing clients to testify before grand juries and at trial, negotiating criminal and whistleblower settlements, testifying before Congressional Committees, and preparing and presenting voluntary disclosures to the government.
Our experience tells us that seemingly small investigation matters can balloon into serious, high-stakes investigations if not properly handled in a timely manner. Accordingly, we give each investigation matter our full attention and best efforts from start through finish.
Our government investigation services include:
- Monitoring and advising clients about enforcement priorities articulated by federal and state law enforcement agencies, including the US Department of Justice, the offices of state attorneys general, and relevant inspectors general;
- Guidance and assistance with document preservation, collection, and management. Our team works closely with clients to narrow the scope of document requests and negotiate reasonable time to respond;
- Guidance and assistance with communications with government investigators. We recognize that, in some cases depending on the size, nature and potential implications of an investigation, these communications are best undertaken by inside counsel. In those cases, we play a behind-the-scenes role. In appropriate cases, we communicate directly with government investigators in an effort to resolve investigations at the earliest possible juncture;
- Conducting our own investigation ahead of the investigators. Our approach is to always be two steps ahead of the government on both the facts and the law. This approach allows clients to understand and assess the risks posed by investigations at an early stage;
- Preparing client personnel for, and accompanying them at, government interviews. We are fully aware of the disruptive effect that government interviews can have on operations and morale and will handle such matters with appropriate sensitivity;
- Negotiating settlements and, when necessary, corporate integrity agreements (CIAs). We know that a case does not end when a settlement figure is reached. Skillful negotiation of the specific terms of a release of liability or CIA is a critically important task that can have far-lasting implications for healthcare clients in particular. Our ability to draw on the knowledge base and relationships of former DOJ, OIG and other government officials gives us important insights about the government’s approach to such negotiations; and
- Litigating when necessary. Because the stakes are so high, issues of liability are rarely litigated. However, Arent Fox is prepared to litigate – and has experience litigating – dispositive motions in cases brought by the government and whistleblowers.
- Advising clients regarding SEC reporting obligations and assisting with the development of public relations strategies to respond to media inquiries about government investigations.
- Members of Arent Fox's White Collar and Investigations Practice have responded to both criminal and civil actions nationwide. The firm has skilled white collar attorneys located in all three of its offices. On the civil side, team members have handled everything from FI and RAC audits to multi-million dollar FCA cases spanning several years.