I. Introduction

Notwithstanding your political affiliation or your personal attitude towards the role of government in society, I am sure you would still agree with me that few things in business or law can be as heart-stopping as receiving a letter requesting the “cooperation” of your client from Senator Ted Kennedy. It happened to me in 2008.

In the wake of an unspeakable tragedy, and in addition to the letter from Sen. Kennedy, I received a veritable flood of similar, ominous letters from many other government officials and committees – both federal and state. These letters then morphed into telephone calls, and then e-mails requesting us to provide documents, electronic information, answers to written questions, testimony and other forms of “cooperation.” I was then asked to respond to messages my client had received from local and national media outlets, asking for comments for the evening news! In short, my client needed help quickly to guide it through this increasingly terrifying minefield.