A Smaller Funnel

The Butterfly Effect

The primary objective for the target of a government investigation is to avoid being sued.

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The primary objective for the target of a government investigation is to avoid being sued — which often requires a careful balancing act between cooperation and strategic push-back. The rules of the road may not be always clear, but an effective response requires early negotiations to limit the scope of production.

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Kasmar, The Butterfly Effect: eDiscovery in Government Investigations and Why Small Tweaks May Have Great Impacts,  Bloomberg BNA (May 12, 2016)

Key Takeaway

Counsel should have early in-depth discussions with client IT and key business-line employees to prevent massive headaches later.

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