ACC NCR: The Best Defense Is a Good Offense: Agency Engagement and Affirmative Litigation in Government Enforcement Contexts

This panel will examine the practical and legal considerations for corporate counsel in advocating for their clients before government agencies and filing suit in response to potential enforcement actions.  Companies often face inquiries from government agencies about their business practices.  Questions in-house lawyers may want to ask in these circumstances include:  

·  When does it make sense to go on the offense, engage with agency lawyers and leadership, and potentially assert the company’s own claims against the government in court?  

·  What strategic issues should companies consider in weighing agency engagement and affirmative litigation against traditional defensive options with respect to government enforcement?  

·  What are broader tactics for proactive strategic engagement with the Executive Branch and Congress? 

Join us as we discuss the answers to these questions and more.

Presented by Kevin Lamb and Lauren Moore, Partners at WilmerHale and Tara Morrissey, Senior Vice President and Deputy Chief Counsel at the U.S. Chamber of Commerce Litigation Center.

1.5 Hours of VA MCLE pending.