Practical and Ethical Considerations for Managing Government Investigations and Potential Litigation: Managing Civil Litigation Against the Backdrop of a Government Investigation

Chicago partner, Justin O. Kay served as a moderator on a panel titled, "Managing Civil Litigation Against the Backdrop of a Government Investigation," during the Chicago Chapter of the ACC's CLE. Topics discussed included the sequencing of proceedings (should the civil litigation be stayed while the government investigation proceeds?); the use in a civil suit of disclosures made to the government (including privilege waivers and their scope); the use of government findings as a sword or shield in the civil case; and how to avoid having your company’s response to the government inquiry become “Exhibit A” for the plaintiff in a civil suit.