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E-discovery Do's And Don'ts in Federal Investigations

June 09, 2017

Legaltech News quoted Fenwick partner Michael Dicke in an article about how new technologies have increased regulators’ savvy in identifying corporate high-risk behavior and potential infractions—and how companies can prepare when it comes to e-discovery.

Dicke, the securities enforcement co-chair and former associate regional director for enforcement in the SEC’s San Francisco office, shared insights on how to navigate e-discovery requirements of federal investigations—which vary depending on the agency and the type of action.

“For the SEC, they are pretty specific about how information is produced, and it’s something companies and certainly IT professionals are pretty adept at following,” he told Legaltech News.

At the same time, Dicke said companies need to become more adept at collecting new forms of data, including social media content and instant messages from mobile devices. Companies failing to adhere to investigation standards not only face high fines and potential reputational damage, but also criminal repercussions. “There are increasing risks to companies for making mistakes in the e-discovery response to governmental inquiries,” he cautioned.

Dicke will speak on the topic at Legalweek West’s June 13 “Managing Expectations in a Government Investigation” session in San Francisco.

The full article is available through the Legaltech News website (subscription required).