Former Enforcers Clash Over Cooperating With FBI

Lisa Phelan was featured in Global Competition Review's coverage of the American Bar Association's International Cartel Workshop, where she participated on a panel that discussed whether competition lawyers should advise companies to speak with FBI agents during so-called "knock-and-talk" interviews.

According to Lisa, it's important that companies know not to destroy any evidence before they are targeted by FBI knock-and-talks.

Lisa added that around 70% of company executives do speak with government investigators before calling in counsel. She acknowledged that this helps the U.S. Department of Justice's Antitrust Division carry out its probes more efficiently, though noted many employees go into these talks unprepared because their background is in business, not the Sherman Act.