Fighting DOJ Subpoenas for Internal Corporate Investigations
Fighting DOJ Subpoenas for Internal Corporate Investigations
The Department of Justice (DOJ) sometimes issues subpoenas to companies requesting internal investigation documents and interview notes when conducting investigations into potential wrongdoing. Companies often conduct internal investigations to understand issues and fix problems. However, companies argue that turning over such sensitive information to the DOJ could undermine attorney-client privilege, the work product doctrine, and the effectiveness of compliance programs.If a company receives a DOJ subpoena related to an internal investigation, key steps typically include:
- Carefully reviewing the scope of the subpoena and discussing it with outside counsel to determine what is required and the basis for any objections.
- Considering narrowing the subpoena’s scope through negotiation with the DOJ or filing a motion to quash with the court. Arguments may focus on attorney-client privilege, work product protections, or relevance.
- Evaluating risks if the company refuses to comply with all or part of the subpoena by claiming privilege or other protections. This could lead to court battles or negative consequences from the DOJ.
The DOJ policies state that companies should receive credit for conducting appropriate internal investigations. However, companies must balance cooperating with the DOJ versus protecting sensitive information and maintaining effective compliance programs. These situations require expert guidance from experienced attorneys.