Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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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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Receiving a civil investigative demand (CID) from the Federal Trade Commission can be an intimidating and stressful experience for any business. However, it’s important not to panic. With the help of experienced legal counsel, businesses can appropriately respond to an FTC CID while also protecting sensitive information and preserving attorney-client privilege.
A CID is essentially a subpoena that the FTC issues during an investigation into potential violations of consumer protection laws or antitrust regulations. Through a CID, the FTC can legally compel a company to provide documentation, submit written reports, or give oral testimony related to the investigation .
While concerning, receiving a CID does not necessarily mean the FTC intends to file a lawsuit or take formal enforcement action. In some cases, the investigation concludes after the FTC reviews the information provided in response to the CID. However, it’s still critical for businesses to take CIDs extremely seriously given the FTC’s broad authority.
One of the most important priorities when responding to an FTC CID is preserving attorney-client privilege. This privilege protects confidential communications between an attorney and their client made for the purpose of obtaining legal advice or representation. It enables open and honest discussions so lawyers can provide their clients with appropriate counsel .
While attorney-client privilege is not absolute, breaching it can have severe consequences. Even inadvertent disclosure of privileged information to the FTC could result in privilege being waived altogether. This makes identifying and protecting privileged communications essential when dealing with a CID.
Here are some best practices businesses should follow to preserve attorney-client privilege when responding to an FTC CID:
Upon receiving a CID, businesses should promptly consult with an attorney experienced in handling FTC investigations and CID responses. Qualified counsel can provide guidance on preserving privilege, negotiate with the FTC on the company’s behalf, and prepare a response strategy .
Counsel will likely recommend issuing a litigation hold to preserve all communications and documents relevant to the CID. This ensures no records that could be responsive or privileged are accidentally destroyed. Failing to properly retain responsive records could lead to charges of spoliation.
Before producing any records to the FTC, businesses must thoroughly review all materials to identify and redact any privileged communications. This could include messages with outside or in-house counsel discussing legal strategy. Even minor disclosures could waive privilege.
Businesses must take all reasonable precautions to prevent inadvertent disclosure of privileged information when responding to an FTC CID. This includes securing records, restricting access, and using redaction software if producing electronic documents.
If requesting certain documentation would infringe on attorney-client privilege, businesses can formally assert privilege claims to the FTC. However, all claims should be reviewed by counsel beforehand to ensure they are justifiable.
Responding to an FTC CID while also preserving privilege and protecting your legal interests can be an enormously complex process. Working with qualified counsel is highly recommended when dealing with a CID.
Experienced FTC defense lawyers can help with :
Given the serious repercussions attorney-client privilege waiver can have, it’s imperative to consult experienced counsel as soon as you receive an FTC CID. Attempting to handle the complexities of a CID response without legal guidance often leads to mistakes being made.
In fact, research indicates that around 80% of all privilege waiver findings result from inadequate privilege review procedures and insufficient lawyer oversight . Common problems include conducting deficient keyword searches, using inadequate technology, and producing electronic documents without appropriate redaction.
If attorney-client privilege gets waived, any confidential communications you shared with counsel can become subject to disclosure. This means potentially sensitive information about your legal strategy could get openly exposed.
Receiving a civil investigative demand from the FTC can be unsettling. However, with the assistance of qualified legal counsel, businesses can respond appropriately while keeping privileged communications protected.
Follow best practices like issuing litigation holds, thoroughly vetting materials before production, formally asserting privilege claims, and letting your lawyers interface with the FTC on your behalf. This helps mitigate risks as much as realistically possible.
Keep in mind that not all FTC investigations end with lawsuits or settlements. Particularly when working with experienced counsel, it may be possible to resolve the inquiry once the FTC receives the information requested through the CID.
However, if the worst happens and the FTC does ultimately file a complaint, demonstrating that you took the investigation seriously and cooperated fully with the CID (while protecting privileged materials) can only help your case. Having skilled legal representation on your side puts you in the best position for an optimal outcome.
For more help responding to an FTC civil investigative demand, check out the following resources:
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