Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Corporate CounselorLJN NewslettersNewsSections

Responding to a Government Subpoena or RFI

By Pamela L. Johnston, Lisa M. Noller and Mary R. Conklin

In-house counsel have taken notice of the federal criminal indictment and trial of Lauren Stevens, former in-house counsel with a pharmaceutical company, on charges she obstructed justice and made false statements in the course of responding to government requests for information. She has now been acquitted after the court dismissed the charges during the trial. Nevertheless, her mere indictment should give all in-house counsel a moment of pause because it shows the government's willingness to prosecute any individual ' including an in-house lawyer representing a client ' whom it believes has knowingly misled an agency or obstructed an investigation.

Notably, this is not the first case in which the government charged an in-house attorney with obstructing justice, and it is unlikely to be the last. Four brief case studies illustrate the government's reactions when it does not receive what it believes it is entitled to in response to a request for information (“RFI”) or subpoena. Based on the government's actions, ordinary approaches to civil discovery are ill-fitting in response to a government agency's efforts to obtain information, and in-house counsel must take extra care.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.