As in-house counsel, you are often in the first line of defense when government agents arrive or an investigative demand lands on your desk. This article highlights practical steps and strategic considerations tailored to your unique role. Being prepared is essential not only to protect legal and reputational interests but also to demonstrate a culture of compliance and accountability that can positively influence the trajectory of the investigation.
Government investigations come in many forms. Some begin with search warrants, others with subpoenas or inspection notices. A criminal search warrant, for example, is issued by a judge when there is probable cause to believe a crime has been committed. It authorizes agents to search specific locations for particular items, such as financial records in a wire fraud investigation. Agencies like the EPA, Labor Department, or OSHA may use inspection notices to scrutinize a facility for compliance with civil regulations. There are also seizure warrants, which allow the government to take property connected to illegal activity, and electronic data warrants, which target digital materials like emails, databases, or cloud storage.
Given recent policy shifts, organizations must be increasingly aware of the potential for government investigations started by the EEOC and DOJ Civil Rights Division. These investigations are often triggered by employee complaints or referrals, focusing on alleged violations of federal civil rights laws. Employers in all industries—particularly those in high-visibility sectors such as technology, finance, healthcare, and education—must be aware of how vulnerable they are to such inquiries. Common triggers include allegations of harassment, discriminatory hiring or promotion practices, unequal pay, or retaliation against whistleblowers or complainants. For example, the EEOC may conduct on-site visits, issue subpoenas for personnel records, or request interviews with employees and management. The DOJ may become involved when there is evidence of systemic discrimination or violations of Title VII of the Civil Rights Act or the Americans with Disabilities Act, particularly when the employer is a large entity or when the EEOC refers a case for federal action. Unlike traditional criminal investigations, civil rights investigations focus on patterns or practices of discrimination rather than isolated incidents. However, the reputational and financial risks can be substantial, potentially leading to consent decrees, fines, or federal monitoring. Organizations must treat these inquiries with the same level of seriousness and preparation as a criminal matter, especially in light of increasing public and shareholder scrutiny.
Moreover, federal examination of corporate DE&I efforts has intensified, with government actors publicly questioning the legality and appropriateness of certain workplace diversity programs. While there have been wide-ranging demands for information and threats of government investigations of private sector entities by various federal agencies and state attorneys general, specific examples of legally proper investigative actions have yet to publicly emerge. Knowing how to respond—not just react—can make all the difference in protecting your rights and your business.
Not all investigative actions involve search teams showing up at your door. Subpoenas and civil investigative demands (CIDs) are legal tools used to gather information in both civil and criminal matters. These may require a business to produce documents, submit to interviews, or turn over electronically stored information (ESI).
Regardless of the type of government action, the first step when agents arrive, or when an investigative demand is received, is to stay calm and review the warrant or investigative demand documentation. If the government action involves an in-person visit, ask to see the warrant and request identification from all agents present. Read the warrant or investigative demand carefully. It will typically describe what locations are to be searched, what items may be seized, what information must be produced, and the time period in which this information or evidence must be produced. You are under no obligation to allow searches or produce information beyond what the warrant, subpoena, or investigative demand specifically authorizes.
While it is important not to interfere with the investigation, that does not mean you give up your rights. If there are questions about the scope of the search or the conduct of the agents, those issues should be addressed in court, not in the heat of the moment. Assign one person—preferably a manager or senior employee—to act as the point of contact with the agents. This representative should be the only person authorized to communicate with law enforcement during the search. All other employees should be instructed to refer questions to this individual.
One of the key steps, and arguably the most important, is to contact experienced legal counsel at once. Counsel should be knowledgeable in both the substantive area of law involved and in handling government investigations tactically and efficiently. If a personal visit is involved, use a private phone, away from the agents, and do not delay. An attorney can give critical advice about how to protect confidential information and ensure compliance without overstepping legal boundaries. If the investigation involves sensitive materials - such as company financial data or business strategies - legal representation becomes even more essential.
A warrant does not compel anyone to speak or explain company operations. While some basic cooperation, such as guiding agents to a specific repository of information, may be helpful in minimizing disruption, no one is compelled to interpret documents, answer operational questions, or clarify financial or other business records. That said, management should never instruct employees not to talk to investigators, as this could be construed as obstruction.
It is also important to find and protect privileged materials. If agents come across documents that involve attorney-client communications or legal strategy, let them know at once. Ask that these materials not be reviewed on site and keep a detailed record of any potentially privileged materials that are taken or imaged.
At the conclusion of a search, request an inventory of everything that was seized. Agents must provide this list. Review it carefully, but do not sign anything without your attorney’s guidance. Take a copy of the inventory for legal review and follow up promptly with your lawyer to ensure the list is complete and correct.
Finally, once you become aware of an investigation, preserve all relevant records. This means suspending any automatic deletion processes and making sure both physical and electronic documents are safeguarded. In cases involving electronically stored information (ESI), it may be necessary to bring in external IT experts to avoid unintentionally altering or destroying evidence.
An encounter with government investigators is never routine. But with clear-headed action and proper legal support, you can navigate the situation while protecting your business and your legal rights. Preparation, professionalism, and timely legal guidance are your strongest assets when under scrutiny. A measured response can mitigate exposure, preserve critical relationships, and ensure your business stays on firm footing during a turbulent time.
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Reprinted with permission from the May 12, 2025 edition of the “Corporate Counsel” ©️ 2025 ALM Global Properties, LLC. All rights reserved.
Further duplication without permission is prohibited, contact 877-256-2472 or asset-and-logo-licensing@alm.com.
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