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Legal and Ethical Issues of Using Private Investigators

 

Gain a better understanding of using a private investigator in the legal field and the ethical and legal considerations that could come along with it.

Working with private investigators can be a valuable tool for attorneys in various areas of practice. Private investigators can bring their unique expertise to gather useful intelligence that may form the foundation of a case, inform litigation strategies, or guide business decisions for a client entity. However, in order to generate high quality and actionable intelligence, it is vital that supervising attorneys understand the legal and ethical minefields that exist when working with private investigators. This topic outlines the legal and ethical issues that are most likely to arise when supervising private investigative work, along with mitigative measures that may be taken to reduce attendant risk. The material covers specific investigative techniques that are most commonly used in support of legal work, as well as limits on the use of certain categories of information. An understanding of these common issues is critical to attorneys seeking to contract private investigators.

Agenda

Faculty

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James Ricaurte

Allegiance Protection Group

  • President of Allegiance Protection Group
  • Founder of Allegiance Protection Group, a New York City based private investigations firm specializing in fraud and intellectual property (anti-counterfeiting) investigations
  • Past detective with the New York City Police Department
  • His passion for pursuing perpetrators of fraud paved his career and led to his assignment to specialized investigative units, where the focus was white collar investigations, including identity thefts, mortgage fraud, credit card and bank fraud, and money laundering
  • Recipient of the 2017 U.S. Department of Homeland Security Investigations, New York City - “Private Sector Partnership Award”
  • Can be contacted at [email protected]
Andrea Broach

Andrea Broach

Arnold & Porter Kaye Scholer LLP

  • Senior associate in the Washington D.C. office of Arnold & Porter Kaye Scholer LLP
  • Practice focuses on a broad range of complex litigation in both federal and state courts
  • Assists clients in working with prosecutors and law enforcement regarding illicit trade investigations
  • Regularly advises on the unique legal risks associated with offensive brand protection strategies, including the legal risks associated with the in-house development of actionable intelligence for sharing with law enforcement in support of anti-contraband and counterfeit programs
  • Co-author of publication regarding the tracking of drug counterfeiters using private investigators
  • Admitted to practice law in the District of Columbia and Virginia
  • J.D. and M.P.A. degrees, Syracuse University
  • Can be contacted at [email protected] or 202-942-5385

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