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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

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The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

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Navigating Multiple Civil Investigative Demands Across Different Corporate Entities

By Spodek Law Group | January 24, 2024
(Last Updated On: January 24, 2024)

When multiple regulators bring enforcement actions, businesses and their employees face complex challenges in responding. A company may receive Civil Investigative Demands (CIDs) or other requests for information from various government agencies related to the same issue. Successfully navigating these parallel investigations requires carefully balancing the company’s legal exposure against the burdens of compliance across different regulators.

Key Factors in Responding to Multiple Regulators

Several key factors should guide a company’s strategic decisions when facing investigations by multiple regulators:

  • Assess the company’s potential civil and criminal liability based on the regulators’ areas of focus
  • Consider the possibility of mitigated penalties or settlement by cooperating with regulators[1]
  • Weigh the monetary, reputational, and other costs of responding to broad information requests[2]
  • Determine whether to handle responses through outside counsel to protect attorney-client privilege[3]

While no approach eliminates legal risk entirely, balancing these factors can lead to the best possible resolution across different regulators.

Responding to expansive requests for information poses substantial burdens. For example, Civil Investigative Demands (CIDs) used by agencies like the FTC often demand huge volumes of documents
. Companies should consider negotiating the scope of CIDs by:

  • Narrowing the time period covered
  • Limiting geographic location of responsive records
  • Reducing the number of custodians searched

Though agencies have broad authority over CID relevancy, pushing back on overly broad demands shows good faith cooperation. Focused responses also reduce compliance costs

Mitigating Collateral Consequences

Multi-agency investigations increase collateral risks beyond civil fines or criminal penalties. For example:

  • Information gathered for civil cases may enable criminal prosecution[1]
  • Regulatory scrutiny can damage business relationships and revenue streams
  • Reputational harm from legal issues causes additional financial losses

Internal investigations, prompt remediation efforts, and crisis management resources can help mitigate these collateral consequences across different regulators.

Strategies for Navigating Key Steps

Successfully navigating multi-regulator investigations requires strategic decisions at each stage:

Initial Contact

Upon receiving a CID or inquiry, businesses should promptly:

  • Notify in-house counsel, outside counsel, and senior management
  • Assess scope of potential legal violations
  • Identify other regulators likely to investigate issue

Early strategic planning allows coordinated responses as additional regulators engage.

Meet and Confer

Attend meet and confer discussions in person with both legal and IT staff
. Be prepared to discuss:

  • True focus of regulators’ investigation
  • Possibilities for narrowing information requests
  • Technical details around data collection and production

These meetings build credibility and provide opportunities to reduce compliance burdens.

Responding to Information Requests

Carefully craft written responses to avoid penalties for incorrect or incomplete information. Consider involving outside counsel to preserve privilege
. Responses should:

  • Provide accurate certifications about records produced
  • Answer interrogatories fully and truthfully

Meticulous responses demonstrate good faith cooperation with regulators.

Assessing Liability Risk

Continuously evaluate potential civil fines and criminal penalties as regulators share findings. Also assess collateral risks, and take prompt action to mitigate harm. Understanding overall liability exposure guides settlement strategies.

Pursuing Settlement

At any stage, companies can pursue settlement if negotiations seem beneficial. Factors favoring settlement include:

  • Significant legal liability or collateral harm
  • Limited resources for sustained multi-agency battles
  • Desire for expedient resolution

Settlement allows control over penalty terms and ends resource-draining investigations.

Key Takeaways

Responding to multiple regulators is challenging but strategic decisions can mitigate risks:

  • Assess liability exposure and collateral consequences
  • Weigh legal costs against benefits of cooperation
  • Narrow the scope of expansive information requests when possible
  • Promptly remedy issues to show good faith
  • Settle when appropriate to control penalty terms

With careful navigation of each phase, businesses can resolve multi-agency cases while minimizing legal and financial harm.

Additional Resources

For more information, check out these additional resources:

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I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

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It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

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After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

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