Reducing the Burden of Complying With Law Enforcement Inquiries

Chicago Daily Law Bulletin

Although recent headlines have brought the U.S. National Security Agency’s surveillance practices to the forefront of American political discussion, it is not just Internet service providers and cellular phone companies who are requested to provide information to the government. Businesses of all sizes, including community banks, regional hotel chains, and other small companies, are often asked by a myriad of federal, state, and local law enforcement authorities to provide information. This article discusses basic considerations that companies should keep in mind when implementing a process to respond to law enforcement requests, including subpoenas. These considerations include informally sharing information with law enforcement, designating a central point of contact at the company for law enforcement, and creating a defensible subpoena compliance process.