Government investigations and data security breaches can cause major disruptions to a business’s operations. How that business responds when regulators initiate an investigation or go onsite can mean the difference between a short distraction and a lengthy law-enforcement inquiry. Data security incidents can result in major reputational and economic costs, even more so without plans for prevention and mitigation in place.
 
In the wake of the Dodd-Frank Wall Street Reform Act and the myriad other federal and state regulations placed upon businesses, corporations must respond quickly and proactively to any complaints or irregularities. The proactive steps a business takes to comply with the growing array of federal and state laws and regulations, as well as how it prepares for a government investigation, can significantly alter the scope and depth of any inquiry. Ensuring that your business procedures comply with current rules and regulations can reduce the risk of government inquiries in the first place. 
 
Spilman provides full-spectrum regulatory and compliance advice to our clients. Our team provides comprehensive reports to assist officers and directors in making important business decisions. We help you develop and implement plans and practices to avoid problems from arising. In the event a problem does arise, we efficiently and discreetly assist clients with all manner of investigations. 
 
Our response teams help companies protect their interests while still cooperating and assisting with government inquiries. We understand the priorities of investigators, and we know how to interact with them during examinations and reviews. We can help manage public relations and control your company’s priceless reputation in the midst of the investigatory storm.
 
Clients call on Spilman for guidance and assistance with
  • Data breach and cybersecurity issues and response
  • Regulatory enforcement and compliance
  • Environmental investigations and inquiries
  • False Claims Act/government procurement
  • Employee and whistleblower investigations
  • Privacy policy development and questions
  • Consumer protection investigation and inquiries
  • Corporate governance 
  • Due diligence in mergers and acquisitions
  • Civil litigation and trials
 
We also assist clients dealing with allegations of
  • Accounting and financial fraud, including securities, tax, and bank fraud 
  • Campaign finance improprieties and political corruption 
  • Criminal violations, including white-collar crime 
  • Economic sanctions violations
  • Foreign Corrupt Practices Act (“FCPA”) violations 
  • Fraudulent business practices
  • Health care fraud, finance, and investigations
  • Insurance fraud and compliance
  • Insider trading
  • Money laundering
 
Our team includes attorneys with a wide range of experience, including as in-house general counsel, leadership roles in departments of state government, and as state and federal prosecutors. 
 
Examples of recent engagements and experience include:
 
  • Representing and advising institution of higher education regarding theft of personally identifiable information, including coordination with law enforcement, notification obligations, and breach mitigation.
  • Advising health care system on its data security and privacy policies and preparation of an incident response plan.
  • Preparing customer-facing and vendor-facing agreements for financial institutions and advising on regulatory inquiries and response.
  • Conducting investigation of high-level former employee theft of funds and property, including coordinating with law enforcement and pursuing insurance coverage.
  • Regularly advising health care practices on privacy laws, best practices, security requirements, and encryption rules throughout the United States.
  • Representing physician group in government investigation of Medicare payments, False Claims Act, and STARK law claims.
  • Advising major financial institutions on attorney general and state regulatory investigations concerning various customer practices, including coordination with parallel civil litigation. 
 
When your business faces a government investigation or cybersecurity threat, our firm’s diverse resources allow us to custom-tailor a critical response team to meet your immediate onsite needs. Spilman’s top priority in such situations is solving your problems with exceptional service at an excellent value.
©2017 Spilman Thomas & Battle, PLLC
Michael J. Basile / Responsible Attorney
800.967.8251