Davis Polk counsel Bill Hochul was quoted in Corporate Counsel from a panel at the American Bar Association’s White Collar Crime Conference discussing government investigations and the challenges facing general counsel in a rapidly changing regulatory environment.

Bill explained that given the DOJ’s new whistleblower programs and incentives to disclose wrongdoing as early as possible, it’s no longer a question of whether a company is going to be subject to a government investigation but rather a matter of when and “who’s going to do it.”

“I think it’s a mistake when you don’t telegraph you’re willing to fight,” Bill added, noting that there are some instances where it’s clear right from the beginning that an investigation “is going to be the start of a very unpleasant journey.”

“Fight or Fess Up? Starbucks, Uber GCs Chime In on How to Respond to Government Probes,” Corporate Counsel (March 8, 2024) (subscription required) 

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