Kathleen A. McGee, Partner, Emerging Companies & Venture Capital (fka, The Tech Group), White Collar Criminal Defense, participates in this panel as part of PLI's program, Government Investigations 2021: Investigations Arising from Data Breach and Privacy Concerns and Parallel Proceedings.

Panel topics include:

  • What conduct might give rise to a data breach investigation?
  • Why is that conduct of a concern to an agency?
  • What might be the scope of an investigation?
  • What might the agency demand and what might the agency do with what is produced?
  • How might "remote" investigations be conducted?

Panel Leader:

  • David C. Shonka, Partner, Redgrave LLP 


Panel time: 9:15 a.m. ET

Program description:

Electronic information pervades our society. Corporations and other organizations create, store, and utilize that information in all facets of business. Unfortunately, security can be breached and any breach can lead to investigations by various government agencies at the federal and State levels. Those investigations may lead to disputes about scope, variety and volume of electronic information to be produced. Moreover, given the pandemic, investigations may be conducted remotely and such investigations may give rise to various problems.

This program will explore the role of electronic information through a hypothetical breach of a corporation’s information that leads to an investigation. It will focus on the “what, why and how” an investigation is conducted – from the viewpoint of the investigating agencies and of the corporate representatives charged with responding to the investigation. The program will then consider a hypothetical class action that parallels the investigation and how that parallel litigation interacts with the investigation. 

Our faculty, which includes experienced regulators and attorneys, will address various aspects of government investigations and parallel proceedings with a focus on requests for and production of electronic information. 

This program will be of interest to in-house and retained counsel, as well as corporate officers and other personnel who find – or may find – their clients under investigation by federal or State regulators. The program will also benefit counsel for those clients – and for plaintiffs and their counsel – who litigate “parallel” civil actions in tandem with or subsequent to – investigations.

What You Will Learn

  • What triggers a government investigation?
  • What is the scope of a government investigation?
  • What are the limitations on a government investigation?
  • What might the government demand in an investigation and how might a corporate entity respond to such a demand?
  • What room for negotiation exists between a corporate entity and the government?
  • What is the role of – and relationship between – parallel civil proceedings and government investigations, and how might these be coordinated?

Full program time: 9 a.m.-12:30 p.m. ET