State and local regulators and law enforcement authorities continue to expand their reach into areas ranging from antitrust and environmental crimes to data security and campaign finance. Counsel who are engaged in the midst of an ongoing investigation or shortly before trial can face a unique set of challenges, particularly when law enforcement authorities are seeking to criminalize conduct that is more typically the subject of civil, administrative, or regulatory proceedings. Nonetheless, these engagements can also create a meaningful opportunity to secure a favorable outcome for the client.

As outlined below, success is dependent on a number of factors, including identifying and navigating competing law enforcement interests, effectively communicating with predecessor or co-counsel, understanding potentially unfamiliar areas of law and preparing to think creatively with respect to trial strategy or potential resolutions.

Identifying the Players