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Kick That Sleeping Dog!
Many months ago, federal grand subpoenas arrived on your client's door step. Their unexpected arrival and broad scope set off typical alarm bells and suddenly displaced a good deal of ongoing business. Your client immediately turned to you to undertake an investigation of the matter and a response. Your client's Information Services Department swept all electronic databases, and you directed phalanxes of young lawyers to conduct interviews and review documents for responsiveness.
From the outset, you've been communicating and meeting with the prosecutors. They have been moderately forthcoming and ap-pear to have both determination and skills. They've declared your client a 'subject' and seem to take a dim view of the events as you understand them. You have uncovered some questionable actions but also some credible explanations, and this one looks to you like it could go either way.
Together with your client, you have explored worst-case, best-case, and middle-case scenarios. Your client has long since made the appropriate notifications to internal committees and commissioned long memos on the law and facts at issue and has disclosed the investigation, as appropriate, to governing agencies and the press, which has somehow gotten wind of what's transpiring. After an extensive, rolling production, you have submitted all of your responsive documents to the grand jury.
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