Is This Being Recorded?

As a trial lawyer with the U.S. Department of Justice’s (DOJ) Criminal Division — first in Washington, D.C., then in the Southern District of California — Eric A. Berg was responsible for authorizing the use of electronic surveillance in undercover investigations involving foreign corruption, white collar crime, narcotics trafficking, and transnational crimes. Among his cases was the large insider trading investigation into the activities of Carl Icahn and Phil Mickelson.

On October 13, Mr. Berg is offering a one-hour briefing in Foley’s Silicon Valley office that will provide an insider’s view of the strategies, mechanics, common practices, and likely trends involved in this work. His talk will be geared to the business generalist and promises to shed light on a number of widely debated issues in public life.

The discussion will feature:

• The process by which the DOJ authorizes electronic surveillance 
• Establishing probable-cause to authorize monitoring communications 
• Fighting a surveillance authorization — typical arguments 
• Trends: “going dark,” white collar investigations, and international concerns

If you have any questions, please contact John Vicars at jvicars@foley.com or 312.821.5122.