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Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

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.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

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Meet Todd Spodek

WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY

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.

Why Clients Choose Spodek Law Group

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.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

Responding to Civil Investigative Demands Targeting Environmental, Social and Governance Claims

Responding to Civil Investigative Demands Targeting ESG Claims

Environmental, social, and governance (ESG) investing has become increasingly popular in recent years. However, ESG practices have also faced growing scrutiny, particularly from Republican state attorneys general.Over the past few months, multiple states have sent civil investigative demands (CIDs) or subpoenas to major asset managers regarding their involvement in ESG initiatives like the Net Zero Asset Managers Initiative and Climate Action 100+.These information requests focus on the asset managers’ communications related to ESG commitments and proxy voting records, especially regarding energy and utility companies. The states claim these asset managers may be putting climate initiatives ahead of fiduciary duties.If your company receives a CID related to ESG issues, here are some tips on responding appropriately:

Understand the Scope and Limits of the Demand

Carefully review the CID to determine precisely what information is being requested and the relevant time period. Consult with legal counsel to ensure you understand what must be provided. Mistakes could frustrate the investigation or lead to accusations of non-compliance 1.

Suspend any routine document destruction and preserve all materials that may be responsive 2.

Identify data sources and custodians. Gathering responsive documents from the full relevant time period is essential.

Assess Whether You Are a Target

Determine whether you or someone else is the actual focus of the investigation. This may impact legal strategy 3.

In some cases, companies get CIDs targeting completely unrelated parties.

Negotiate the Scope

Discuss limiting the time period covered or narrowing document requests. This can ease the response burden 4.

But be careful not to appear uncooperative.

Craft Your Narrative Carefully

Shape your response to convince investigators that no laws were broken. Provide context justifying business decisions 5.

You may be able to fight aspects of the CID in court, but judges usually side with broad investigative powers  6.

Consult experienced attorneys on the viability of any challenge.The stakes are high with civil investigative demands related to ESG issues. State attorneys general are aggressively targeting potential violations. Respond appropriately from the start to avoid escalation into litigation or financial penalties. Experienced legal counsel is essential.

ESG Backlash Drives Investigations

In recent years, committing to environmental sustainability and social responsibility has become a priority for many major banks and asset managers.However, Republican attorneys general in over 15 states are now scrutinizing these ESG efforts through civil investigative demands, claiming they may violate fiduciary duties.

ESG Investing Draws Growing Interest

ESG refers to the environmental, social, and governance practices of a company 

7.
It has become an increasingly popular investment approach.The “E” covers issues like emissions, climate impact, and natural resource usage. The “S” relates to labor practices, employee diversity, and product safety. The “G” focuses on executive pay, audits, controls, and shareholder rights.Investing based on these ESG factors has ballooned to over $30 trillion in AUM, as investors look to fund sustainable businesses and address social issues  8.

Republican AGs Challenge ESG Commitments

However, ESG has faced backlash from Republican policymakers claiming these practices introduce politics into investing and threaten returns.In October 2022, 19 Republican attorneys general launched an investigation into six major banks over their joining of the United Nations Net Zero Banking Alliance, which sets 2050 emissions targets 

9.
The states sent civil investigative demands (similar to subpoenas) requesting the banks’ communications regarding ESG commitments. They claim the banks may be violating consumer protection laws by putting climate initiatives ahead of fiduciary duties.

Investigations Reflect Broader Political Battle

These state inquiries reflect the broader partisan battle over ESG investing. Republican officials argue ESG practices introduce politics where they don’t belong. Democrats and ESG proponents claim addressing sustainability is smart long-term business.Most legal experts expect state attorneys general to continue targeting asset managers and banks over ESG issues amid this polarized debate. Companies should prepare for expansive information requests scrutinizing their ESG policies and activities.

Receiving a civil investigative demand related to your company’s ESG efforts can be an intimidating and stressful event. However, with the right approach, you can effectively manage the inquiry and protect your interests.

Understanding CIDs

CIDs are a form of administrative subpoena issued by government agencies seeking information for an investigation 10.

They legally compel recipients to provide documents, interrogatory answers, or oral testimony. Failure to comply can prompt enforcement action from federal or state court.CIDs allow inquiries without probable cause and are not approved by a judge beforehand. This gives agencies like the FTC and state attorneys general broad leeway to start probes.

Planning Your Response

If served with a civil investigative demand, key early steps include  11:

  • Assembling an internal response team with legal, IT, records, and relevant business leaders
  • Implementing a legal hold suspending any document destruction
  • Identifying data sources and custodians
  • Carefully reviewing the requests to clarify what must be provided
  • Discussing the scope with legal counsel and considering negotiations

Document preservation is critical, as destroying materials after receiving a CID can prompt obstruction charges.

Assessing Your Risks

How a CID investigation proceeds depends on the agency’s findings:

  • The agency closes the investigation after reviewing the information provided
  • The agency pursues an administrative action or federal lawsuit
  • The case gets referred for civil or criminal prosecution

Outcomes range from closing the inquiry to facing litigation or financial penalties. Experienced legal counsel can help evaluate your risks and exposure based on the nature of the investigation.

Consulting Attorneys

Given the high stakes, working with lawyers experienced in responding to civil investigative demands is strongly recommended upon receiving one.Counsel can help assemble an appropriate response team, negotiate the scope if feasible, craft your narrative to investigators, and advise on potential legal challenges. They can also represent you if the inquiry escalates.

Conclusion

Scrutiny of ESG investing by Republican attorneys general is unlikely to dissipate given the partisan disagreements over whether addressing issues like climate change is an appropriate business practice. Companies can expect information requests probing their ESG policies and commitments.Responding to civil investigative demands is a complex process with serious ramifications for non-compliance. Working closely with experienced legal counsel from the start provides the best opportunity to resolve the inquiry favorably and avoid elevated enforcement action.With the right strategy tailored to your situation, your company can responsibly cooperate with investigators while protecting essential business interests.

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Testimonials

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

5 Stars
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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