9th Circuit: CFO’s Statements to Counsel in an Internal Investigation Can Be Used at Trial
Thomas A. Campbell
Whether you are dealing with an isolated crisis or a large-scale disaster, Pillsbury is uniquely qualified to guide you through it. Our lawyers have helped clients navigate crisis situations as diverse as aviation disasters, environmental and industrial accidents, natural disasters, terrorist acts, product recalls, privacy breaches and whistleblower cases. Having served in leadership positions in multiple federal and state regulatory agencies, our lawyers provide a comprehensive perspective on crisis management. We have helped countless organizations handle investigations while managing potential reputational damage, information flow and media coverage.
Crisis Prevention Services—Only at Pillsbury
Pillsbury is also a leader in crisis prevention, providing clients with services to help ensure state-of-the-art standards with respect to safety, preparedness and insurance coverage.
- D&O Plus Policy Advocacy Program
- Disaster Preparedness Planning
- Industry Working Groups and Audit Services
- Pillsbury has guided clients through such notable crises as the Exxon-Valdez spill, the Three Mile Island accident and numerous aviation accidents worldwide.
- The disaster-planning program Pillsbury developed for the City of New York has been recommended for all local and state governments by President Obama’s National Infrastructure Advisory Council.
- Our lawyers have handled more Natural Resources Damages Assessments than any other law firm.
Deep knowledge in key industries and with multiple government agencies.
- Many Pillsbury lawyers have held leadership positions at U.S. regulatory agencies, including the Interior, Justice and Commerce departments, EPA, FAA, NOAA and the NRC.
- Other law firms cannot match our combination of legal and regulatory depth, sector-specific experience and geographic reach.
- Pillsbury’s experience spans the entire energy spectrum, from oil and gas, electricity and nuclear energy to renewables and clean technology.
- Our renowned Aviation, Aerospace & Transportation practice has litigated virtually every type of claim or dispute that an aviation company might face, including civil, administrative and criminal claims relating to air crashes.
- We craft strategic responses to both civil and criminal investigations and negotiate with federal, state and local officials.
Our Crisis Management Capabilities
A Preeminent Environmental Practice
We are adept at handling simultaneous reviews by multiple regulatory agencies and have shaped clients’ responses to investigations by the FBI, EPA, NTSB, OSHA, NRC, the Chemical Safety Board and other regulatory agencies.
Handled Significant Industrial Disasters
Our lawyers have worked on some of the most significant industrial disasters in the United States, including the two worst refinery accidents in the past 20 years.
World-Leading Practice in Privacy and Data Issues
Recognized by the 2010 Chambers Global Guide as one of the world’s foremost privacy and information law practices, Pillsbury helps clients develop, implement and refine effective privacy and information breach response policies and procedures.
The Leader in Nuclear Industry Representation
Pillsbury established the nation’s first nuclear energy practice and remains the preeminent law firm in this arena. In crisis management, the firm represented the owner and operator of Three Mile Island during and after the 1979 accident.
Legal Advisors on More Than 100 Oil Spills
Pillsbury is currently working with clients on issues related to the 2010 Gulf oil spill. Our lawyers played leading roles related to the Exxon-Valdez oil spill, the Berman spill in Puerto Rico and the Arco Pipeline spill in Indiana.
A Top-Ranked International Trade Practice
Our team includes former U.S. trade officials and regularly works with Congress and agencies such as the Commerce Department, Customs and Border Protection, and the Committee on Foreign Investment. We also advise on Foreign Corrupt Practices Act issues.
A Market-Leading Aviation & Transportation Team
For the fifth year in a row, the 2010 Chambers USA recognized Pillsbury’s Aviation, Aerospace & Transportation practice in the top tier. We have represented multiple clients in FAA, TSA, NTSB and FBI investigations, enforcement actions and criminal prosecutions after airline crashes and acts of sabotage.
Preventive Services for Biohazard Violations
Pillsbury counsels management, lab personnel and investigators on safety and compliance conditions at university and commercial labs and research facilities. When labs and facilities face investigations or audits, we advise on how to handle CDC site visits and negotiate with the CDC on any findings of violations and corrective actions.
Broad Experience with Toxic Torts and Product Recalls
Pillsbury represents clients in product liability and toxic tort cases, applying well-honed trial, appellate, arbitration and mediation skills. We have advised on issues involving the Toxic Substances Control Act, the Federal Insecticide, Fungicide and Rodenticide Act, the Food Quality Protection Act, the Federal Food, Drug and Cosmetic Act, the Plant Protection Act, and related state and federal laws.
Crisis Response Services
Pillsbury can mobilize a high-powered litigation team quickly, drawing on the talents of more than 200 litigators worldwide. Our Corporate Investigations & White Collar Defense practice is ranked among the best in the U.S. and includes many former federal prosecutors and regulators. We regularly investigate and advise on situations involving antitrust, environmental regulation, financial frauds, foreign corrupt practices, government contracts, health care and securities law. Pillsbury is also a leader in the protection against, and efficient resolution of, whistleblower allegations, successfully defending hundreds of claims over the past decade.
Pillsbury’s insurance recovery efforts date back to the San Francisco Earthquake and Fire of 1906, when we helped secure insurance reimbursement for local businesses. Today, we are helping with international insurance recovery from the 2010 Icelandic volcano and the Gulf oil spill. We help clients obtain coverage for disasters under Aviation Hull and Liability and third-party Commercial General Liability (CGL) policies. We also perfect insurance coverage rights under Products Liability and third-party CGL policies for issues such as asbestos and aircraft parts, and assist in property and business interruption claims.
Our Public Policy lawyers help clients address major local, state and federal legislative challenges related to crises, including representation before key Congressional committees. We recently led the high-level investigation-response and legislative strategy for client issues related to the 2010 Gulf oil crisis. Team members have served as federal officials shaping the very regulations, legislation or policies of concern to our clients, and continue to advise government agencies through formal panels and agency-sponsored industry events.
Crisis Communications and Public Relations
When a crisis occurs, it can impact every aspect of an organization, from investor and customer relations to brand loyalty and employee morale. Pillsbury has partnered with three leading crisis communications agencies, chosen specifically for their strong background advising on crisis issues, 24/7 accessibility, experience working collaboratively with legal counsel and proven success at managing all aspects of an organization’s reputation.