Last week's FBI raids and federal subpoenas prompted law firm O’Melveny & Myers to issue a client alert that recommends first asking for identification, then calling an O’Melveny lawyer for advice.  The alert provides the home and cellphone numbers of some top lawyers - in case the FBI pay an unwelcome visit late at night.  It also suggests that clients read the warrant, dismiss all nonessential employees for the day and, of course, don’t consent to a search. 

Should agents try to get their hands on any legal documents, clients are advised to “tell them those documents are privileged and ask them to wait until attorneys arrive to speak with them about this issue.”

OMM also points out 3 important general principles for employee interviews by law enforcement agents: 

1. The company may not instruct employees to refuse to answer questions.  Such an instruction could be construed as obstruction of justice. 
2. Employees have a right not to answer questions if they so wish.
3. Employees are entitled to have the advice of a lawyer before they answer any questions.

For further details, and to access the Client Alert, click onto:  [OMM Letter, on Scribd, 11/26]  

[NYT Dealbook, 11/26]