Litigation: Staying prepared for a search warrant

Five steps in-house counsel can take to protect their company in the event of a search

For most corporate counsel, preparing for a search warrant is pretty low on their list of priorities. After all, search warrants are used against drug dealers, fraudsters and their ilk; a company would really have to be doing something seriously criminal to trigger a search warrant, right?


3. Educate employees

Agents always use the shock of a search to their advantage, particularly to interview unsuspecting employees. Most employees don’t know their rights, so they should be educated that they have the right not to speak to agents at all or to set interview parameters (i.e., only after speaking to counsel or a supervisor, only on certain subjects, etc.). Care must be taken never to suggest that the company is encouraging employees not to speak to government agents—allegations of obstruction of justice could follow—but employees must know that it is their individual choice.

Contributing Author

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Ty Howard

A former Assistant U.S. Attorney, Ty E. Howard is a partner in the white collar defense and litigation practice groups at Bradley Arant Boult Cummings...

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