News & Analysis as of

Subpoenas Civil Investigation Demand

Harris Beach PLLC

Fraud Investigations into COVID-Era PPP and EIDL Loans Increasing

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The Department of Justice continues to have its task forces throughout the U.S. investigate and prosecute fraudulent use of funds from the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) programs...more

Bass, Berry & Sims PLC

False Claims Act Fundamentals: How to Respond to a Third-Party Subpoena

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If you are part of a heavily regulated—or heavily litigated—industry, at some point, you or your company are likely to receive a third-party subpoena. This post offers guidance on how to respond to this common discovery...more

Bradley Arant Boult Cummings LLP

Insurance Coverage for Government Investigations: Tender Claims Early

Any company, particularly if conducting business is a highly regulated industry, risks being served with a subpoena or a civil investigative demand (collectively, “CID”) from a governmental agency or entity. As set forth...more

Foley Hoag LLP

Is a CID or Government Subpoena a Claim?

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For many companies, particularly those in highly regulated industries, the receipt of a civil investigative demand (CID) or subpoena from the government can understandably trigger stress. What might not be top of mind is...more

Kelley Drye & Warren LLP

State Attorney General Civil Investigative Demands: Take Them Seriously

As we have discussed, most consumer protection laws give attorneys general broad authority to perform pre-litigation discovery through investigative subpoenas, often termed “civil investigative demands” (CIDs). Many...more

Troutman Pepper

Illinois AG Proves It’s Risky Business to Defy an Investigative Subpoena

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On March 1, Illinois Attorney General Kwame Raoul filed suit against Energy Acquisitions Group LLC (EAG), seeking compliance with a Special Assistant Attorneys General’s (SPAAG) investigative subpoena concerning deceptive...more

Womble Bond Dickinson

[Webinar] First Annual Health Care Fraud Symposium - March 14th, 12:00 pm - 1:30 pm ET

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Health Care fraud is a growing national issue. The National Heath Care Anti-Fraud Association estimates that health care fraud costs the nation about $68 billion annually — about 3 percent of the nation's $2.26 trillion in...more

Oberheiden P.C.

FTC Investigation Defense: 10 Keys to a Favorable Outcome

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The U.S. Federal Trade Commission (FTC) holds primary responsibility for enforcing the nation’s consumer protection and antitrust laws. While the FTC actions have traditionally focused on targeting large companies suspected...more

Hinch Newman LLP

FTC CID Attorney on Considerations for Digital Marketers When Selecting Regulatory Investigation Defense Counsel

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You received a Civil Investigative (CID) from the Federal Trade Commission related to a consumer protection matter. Now what?...more

Ervin Cohen & Jessup LLP

FTC Announces Expansion of Compulsory Process Resolutions to Eight Areas

On September 14, 2021, the Federal Trade Commission (“FTC”) voted 3-2 to approve new compulsory process resolutions in eight areas. Compulsory process refers to the issuance of demands for documents and testimony, through...more

Oberheiden P.C.

10 Reasons to Hire a Corporate Private Investigator

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Corporate investigations can serve a variety of different purposes. From uncovering accounting fraud to responding to cybersecurity breaches and preparing for litigation, there are various circumstances in which corporate...more

Oberheiden P.C.

FTC Defense: Lawsuits, CIDs and Subpoenas

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The Federal Trade Commission (FTC) is the nation’s chief consumer protection agency. In fulfilling its “dual mission to protect consumers and promote competition,” the FTC conducts targeted investigations focused on all types...more

Oberheiden P.C.

Eight Points to Know About FTC Subpoenas

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What Is the Federal Trade Commission (“FTC”)? The Federal Trade Commission (“FTC”) is a federal agency that enforces consumer protection laws and competition regulation in the United States. Its dual mission is (1) to...more

Bass, Berry & Sims PLC

An Ounce of Prevention: Effective Corporate Policies for Dealing with Government Investigations and Inquires

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One of the first indicators that may tip off a healthcare provider or government contractor that their organization may be the subject of a False Claims Act (FCA) investigation is contact with a government investigator. That...more

Williams Mullen

PODCAST: Williams Mullen's Benefits Companion - Government Investigative Demands

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On the latest episode of Williams Mullen's Benefits Companion, Brydon DeWitt is joined by colleague Chuck James, partner and co-chair of Williams Mullen’s White Collar Litigation Practice, who will discuss what you need to...more

Ballard Spahr LLP

FTC sends warning to subpoena and CID recipients

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The FTC is cautioning recipients of FTC subpoenas and civil investigative demands (CIDs) that these requests “are legally enforceable demands, and recipients of subpoenas or CIDs need to take their obligation to comply...more

K&L Gates LLP

K&L Gates Triage: Internal & External Health Care Investigations Part 3

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In Part 3 of our series on health care investigations, Mark Rush and John Lawrence discuss the process for external investigations conducted by federal and state governmental agencies, including in the context of qui tam...more

Womble Bond Dickinson

Using FCRA’s Expansiveness as a Shield: CFPB Gets Pushback on FCRA Subpoena

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The expansiveness of FCRA has long been used by plaintiffs as a sword against consumer reporting agencies, furnishers of consumer information, and users of consumer information. Here, a company successfully used FCRA as a...more

Farella Braun + Martel LLP

Battling Government Investigations Series - Civil and Criminal Investigations

It always comes when you least expect it – a government inquiry to investigate your business. While it may instill a sense of panic, there are steps you can take to make sure you’re in the best position possible when the...more

Dorsey & Whitney LLP

Law Firm Attempts to Resist Subpoena by Arguing CFPB is Unconstitutional

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In the wake of last year’s (now-vacated and pending review en banc) decision by the D.C. Circuit in PHH Corp. v. Consumer Fin. Prot. Bureau, 839 F.3d 1 (D.C. Cir. 2016), the constitutionality of the Consumer Financial...more

Pillsbury Winthrop Shaw Pittman LLP

Cyberattacks Are the New Norm - How to respond and get insurance recovery for government investigations.

Takeaways - Companies that suffer cyberattacks can expect not sympathy but scrutiny from legal authorities. - D&O insurance can cover not only litigation but also investigation costs. - Strategic negotiation of...more

Pillsbury Winthrop Shaw Pittman LLP

When Attorneys General Attack: AGs’ Aggressive Investigation of Climate Change Disclosures, and Getting Your Insurer to Provide...

Who’s afraid of New York’s Martin Act? Right now, a lot of Wall Street and energy industry companies, that’s who. Why are they concerned about the Martin Act? Because it grants the New York State Office of the Attorney...more

Goodwin

Do You Have to Disclose a Government Investigation? Practical Considerations, Legal Standards, and Recent Case Law

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After receiving an inquiry from a government agency, such as a subpoena, a Civil Investigative Demand (“CID”), or an informal request for information, public companies ask whether they must disclose publicly that they may be...more

Patterson Belknap Webb & Tyler LLP

5 Steps for Handling an Antitrust Subpoena or CID

The news is filled with stories about government investigations into possible violations of antitrust laws: alleged anticompetitive conduct by Google, price fixing by Apple and bid rigging by large financial institutions....more

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