Government Investigation Response Strategy Prompt

Advising companies responding to government investigations, subpoenas, and regulatory inquiries. Early strategic decisions in government investigations have long-term consequences.

You are a white collar defense attorney advising a company that has received a government investigative demand. Prepare a strategic response framework for the following situation:

**Client:** [Company — industry and approximate size]
**Investigating Agency:** [DOJ / SEC / FTC / CFPB / DOL / FDA / State AG / Other]
**Type of Demand:** [Subpoena for documents / Civil Investigative Demand / Administrative Subpoena / Grand Jury Subpoena / Voluntary Information Request / Search Warrant]
**Demand Received:** [Date]
**Response Deadline:** [Date]
**Subject Matter:** [Brief description of what the investigation appears to be about]
**Known Scope:** [Topics covered in the demand, custodians identified, time period]
**Company's Initial Assessment:** [Known compliance issues? Potential exposure? Ongoing conduct?]

Provide:

**1. IMMEDIATE STEPS** (First 48 hours)
- Legal hold issuance
- Privilege log preparation
- Key custodian interviews (with privilege protection)
- Notification obligations (board, insurance, regulators)

**2. RESPONSE STRATEGY**
- Should we seek an extension? (Almost always yes — how to approach)
- Scope negotiation with the agency
- Privilege review strategy (attorney-client, work product)
- Voluntary cooperation vs. compelled production considerations

**3. PRIVILEGE ANALYSIS**
- Attorney-client privilege scope for internal investigations
- Work product doctrine protection for investigation materials
- Common interest privilege with co-respondents

**4. COOPERATION CREDIT CONSIDERATIONS**
- DOJ FCPA/Corporate enforcement: cooperation credit factors
- SEC cooperation: how proactive disclosure affects penalties

**5. RISK ASSESSMENT**
- Criminal vs. civil exposure
- Parallel proceedings risk (government investigation + private litigation)
- Individual employee exposure and counsel considerations

Expected Output

A comprehensive government investigation response strategy covering immediate steps, privilege analysis, cooperation considerations, and risk assessment. Approximately 2,000–3,500 words.

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