Government investigations of companies can be a high-stakes and hectic experience. Thankfully, experienced attorneys have assembled a "Government Investigations Reference Model" chart to provide a road map for managing an investigation for regulators and companies.

Jenner & Block partner David Greenwald is one of the original authors of the document, and he is set to moderate a Jan. 29 session at the Legaltech conference during Legalweek titled, "The Government Reference Model." The session seeks to provide attorneys with the government's and outside counsel's perspective of best practices for companies facing an investigation.

The session also includes Morgan, Lewis & Bockius partner Scott Milner, U.S. Department of Justice Civil Division e-discovery director Allison Stanton and Consumer Financial Protection Bureau special counsel for e-discovery Glenn Melcher. 

For Greenwald, who co-wrote the document with former U.S. Securities and Exchange Commission senior special counsel Patrick Oot and Ashish Prasad, who is vice president and GC of technology consultant eTERA Consulting, a simple guide for government investigations was essential because the investigations are fast pace with high stakes.

"The idea was to create something like the EDRM model for e-discovery to provide a single document that would enable a discussion with anyone involved with an internal investigation, on the government side or corporate side," said Greenwald. He added that the report provides the "overall process to the parties so you could see the overall map of where you are starting and going and all the workstreams involved."

The report also allows the IT and review teams to understand the investigation's process and ensure cooperation with the government. "[It] empower[s] people with a way to make sure the technical data side is in communication with the team effectively and early, and not be siloed off," Greenwald explained.

Greenwald revealed he will also offer a slightly revised update of the "Government Investigations Reference Model," which first debuted at the 2017 Government Investigations and Civil Litigation Institute, at the Legalweek session.

Currently the chart provides a timeline starting with the emergence of a matter of interest for the government and a company's corresponding "internal discovery of [a] matter" and ends with the implementation of the government's final resolution.

To Milner, who co-leads Morgan Lewis' eData practice group, the Legalweek session also offers helpful insight from government lawyers Stanton and Melcher.

"I think anyone that interfaces or receives government requests, they have an opportunity to have two people from regulations that can give their perspective. I think that's invaluable," said Milner.

Greenwald shared those sentiments, adding the panel will allow a "balanced view from both sides" and allow others the "opportunity to hear from the government where it sees companies performing very well or coming short."