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1. The first step in a raid

A government authority arrives at your location and informs your receptionist that they are conducting a dawn raid. What should they do?

  • Attempt to reschedule the raid for another day
  • Inform the officials that the legal team is unavailable
  • Immediately notify the legal team or a senior company representative, providing details about the authority and the focus of their investigation
  • Ask the officials to leave

2. Managing information during a raid

Authorities have different powers depending on the nature of the raid and their jurisdiction. However, your company must follow basic guidelines to protect information lawfully and responsibly. If there is information you believe should not be accessed by the officials, what should you do?

  • Distract the officials and attempt to conceal the information
  • Delete or transfer the information before they locate it
  • Block access to sensitive data that could incriminate the company
  • Do not obstruct the officials. If the information may be legally privileged, immediately notify the legal team so they can raise legal privilege concerns appropriately

3. Taking notes during a raid

Accurate documentation during a dawn raid is essential for legal review and for planning your company’s response. What should designated staff (e.g. shadowers or legal team) do to document the raid effectively?

  • Avoid taking notes to prevent misunderstandings
  • Only record what the officials verbally communicate
  • Take detailed notes on where officials go, what they review, any documents or data they access, and any questions asked or answered
  • Record conversations secretly and make copies of all seized data

4. Interviews during a raid

During a dawn raid, the officials may ask company representatives questions. What is the best approach if you are asked to participate in an interview?

  • Answer all questions, even if you are unsure, to appear cooperative
  • Speculate or provide incomplete information if you do not know the full answer
  • Keep answers concise and factual, and only respond when you are certain of the facts
  • Refuse to answer any questions unless your manager is present

5. Assessing and preparing after a raid

Once the raid concludes, it is essential to assess what happened and plan the company’s next steps. What should you do after the raid?

  • Share notes with your legal team and external counsel to support a confidential debrief and next steps
  • Share details of the raid externally to get advice from others
  • Only share notes with your legal team, but not external counsel
  • Make a public announcement to inform stakeholders

1. The first step in a raid

  • Immediately notify the legal team or a senior company representative, providing details about the authority and the focus of their investigation

You took the right step by notifying the legal team or a senior company representative immediately. It is crucial to act swiftly to ensure they can manage the situation and liaise with external counsel. Great job!

2. Managing information during a raid

  • Do not obstruct the officials. If the information may be legally privileged, immediately notify the legal team so they can raise legal privilege concerns appropriately

Well done. Cooperating with officials while asserting legal privilege where applicable helps protect the company’s rights and avoids penalties. Always consult the legal team before taking any action.

3. Taking notes during a raid

  • Take detailed notes on where officials go, what they review, any documents or data they access, and any questions asked or answered

That's Correct! Excellent. Keeping detailed notes helps your company understand the scope of the investigation and ensures your company is well prepared to assess and respond after the raid.

4. Interviews during a raid

  • Keep answers concise and factual, and only respond when you are certain of the facts

Well done. Concise, factual answers are key to maintaining professionalism and protecting both you and the company. If you are unsure, it is okay to say so, and always involve the legal team before answering sensitive questions.

5. Assessing and preparing after a raid

  • Share notes with your legal team and external counsel to support a confidential debrief and next steps

Fantastic. Sharing your notes with the legal team and external counsel ensures a coordinated, confidential response. This helps the company assess legal exposure and prepare for any follow-up actions.

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