Government regulation of Business activity, while serving many positive needs, creates challenges for many businesses including restraints on operation and even criminal exposure, sometimes through technical violations without any intent to do wrong. We represent companies, executives, professionals, and individuals facing government scrutiny. We advise clients in government inquiries, audits, and investigations, and legal actions.
We focus on prevention, early issue identification, disciplined response, and practical decision-making that protects both legal position and operational continuity and when prevention is not possible aggressive defense.
Government Investigations and Parallel Proceedings
Many agencies have authority to initiate inquiries, audits and/or investigations into business operations. Those investigations may be civil, criminal, or both. An investigation may begin as a civil inquiry and morph into significant liability. Early decisions often shape the outcome. We assist clients with:
- Subpoenas, civil investigative demands, and document requests
- Interviews and agency inquiries
- Search-warrant response planning and crisis triage
- Civil and/or criminal exposure arising from government investigations
- Coordination with regulatory counsel, auditors, and internal stakeholders
Compliance-Driven Criminal Risk
Certain areas of law create civil and criminal exposure through complex rules, reporting requirements, or enforcement priorities. We advise on risk assessment and compliance and defense strategy in matters that may involve:
- Investor-related scrutiny and passive investment issues, including State and Federal securities inquiries that can often escalate beyond regulatory issues into criminal exposure
- Government regulation of foreign commerce activity, including exposure under the Foreign Corrupt Practices Act (FCPA) including risks that arise from local business customs and third-party relationships
- Enforcement trends directed at highly regulated products or business models
Risk Management for Sensitive Operations
When a business involves heightened oversight or vulnerable populations, criminal exposure can arise quickly, sometimes alongside civil claims. We help clients identify risk points early, implement defensible safeguards, and respond strategically when allegations involve exploitation or trafficking concerns.
Dealing with Controversial Content
Recordkeeping and Age-Verification Compliance (18 U.S.C. § 2257)
Some content and media businesses face heightened scrutiny and specialized recordkeeping obligations. For clients operating in that space, we advise on compliance with the federal recordkeeping and labeling requirements under 18 U.S.C. § 2257, including age verification, documentation protocols, and risk mitigation designed to prevent technical deficiencies from becoming enforcement actions.
Responsibility for Third Party Content Section 230 Protection
If a business is not the creator but the publisher of materials, the law recognizes that the business should not be responsible for the content when it is violative of law. This can be very complicated, and the establishment of proper procedures and following those procedures can be the difference between extreme liability and protection.
Our Approach
We bring a measured, strategic approach to investigations and criminal exposure:
- Identify the governing authority and likely enforcement posture early
- Preserve defenses and manage communications from the first response
- Build a factual record that holds up under scrutiny
- Provide clear guidance that supports decisions under pressure