In the wake of Massachusetts Mutual Life Insurance Co.’s failure to prevent the public disclosure of a sizzling internal investigation, a lawyer who argued on behalf of the Connecticut Business and Industry Association predicts that more and more companies will say “show me the subpoena” before turning over antitrust information to state officials.
Dennis F. Kerrigan Jr., who filed an amicus brief in the MassMutual case for the CBIA, predicted that companies will become more cautious in antitrust investigations. “I think now companies, to be on the safe side, will require confirmation that anything requested is subject to a subpoena, and request that the Attorney General confirm that it’s subject to confidentiality protections,” said Kerrigan, of LeBoeuf, Lamb, Greene & MacRae’s Hartford, Conn., office. “If both those things aren’t present, the company may request the actual formal service of a subpoena.”
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