State AG Investigations: Navigating Unwritten Rules and Protecting Confidentiality

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Class Action and Other Litigation
- event Date
Tuesday, November 29, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will discuss defending clients interacting with and being investigated by state Attorneys General and other federal enforcement bodies, such as the Consumer Financial Protection Bureau (CFPB) or the Federal Trade Commission (FTC). The panel will address preserving and protecting confidentiality as well as how to strategically obtain information from governmental entities through the Freedom of Information Act (FOIA) and parallel state statutes.
Faculty

Mr. Davey represents banks, mortgage companies, auto and credit card lenders, and other financial services industry clients facing high-risk consumer class actions, government investigations, or business disputes. He has a long and proven track record of achieving favorable outcomes in these matters, working with clients to identify the resolution that will best meet their business needs. Mr. Davey routinely handles significant litigation matters across the U.S., and has represented clients in governmental investigations and enforcement proceedings involving the Consumer Financial Protection Bureau, the Office of the Comptroller of the Currency, the Department of Justice, and state attorneys general. He further assists clients with internal investigations, responding to MRAs, developing and implementing remediation plans, and compliance programs.

Mr. Piepgrass represents clients interacting with, and being investigated by, state attorneys general and other enforcement bodies, including the CFPB and FTC, as well as clients involved with litigation, particularly in heavily regulated industries. He also handles appellate cases and has appeared on brief in appeals to the U.S. Courts of Appeal for the Third and Fourth Circuits, the Supreme Court of Virginia, the Court of Appeals of Virginia, and amicus briefs to the United State Supreme Court, as well as various courts reviewing administrative decisions.
Description
Businesses facing high-risk state or federal regulatory investigations or litigation and parallel consumer actions are often asked to provide highly confidential information to state and federal regulators. Protecting confidential information to the maximum extent possible under these circumstances requires an understanding of the unwritten rules of these proceedings.
Practitioners can also gain actionable information and invaluable discovery from government entities using state and federal public record laws. Adept use of these laws invariably leads to more educated pre-litigation decisions and defense strategies. Not infrequently, the information also reveals business intelligence that demands a response.
Listen as this experienced panel discusses defending clients interacting with and being investigated by state Attorneys General and other regulators and how to gain valuable information from public records requests at the state and federal levels.
Outline
- Overview of regulatory investigation
- Protecting confidential information
- Using public records requests
- FOIA
- State level public records requests
Benefits
The panel will review these and other critical issues:
- What are the first signs of an investigation?
- How do state and federal investigations differ?
- How can FOIA/state statutes be used as a discovery tool?
Unlimited access to premium CLE courses:
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Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
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