CBA Record November-December 2025

Where exposure exists, use and deriva tive use immunity may be considered. This protection bars the government from using compelled testimony or its fruits in a future prosecution, but it does not bar prosecution itself. Immunity discussions are delicate and should be initiated only after careful proffer negotiation. Counsel must weigh the benefit of cooperation against the risk of inadvertent liability. Witness preparation in this context must be exhaustive. Clients should under stand the scope of questioning, review pertinent documents, and anticipate ambiguities. Even silence, in certain con texts, can be misinterpreted. Many clients are navigating more than one inquiry. Regulatory investigations, internal corporate reviews, and civil litiga tion may run parallel to a grand jury pro ceeding. Statements made in one context can carry legal consequences in another. Counsel must think across multiple levels. Strategic coordination includes sequenc Parallel Investigations: A Coordinated Approach

ing depositions, preserving privilege, and aligning narratives across venues. A misstep in a civil case may compromise the defense posture in a criminal one. Timing matters. So does discretion.

tion, not the individual, and may disclose their statements to the government) or faces testimony with overlapping civil and criminal exposure. Strategic Decision-Making Grand jury investigations are structurally opaque but carry grave consequences. For civil attorneys, early recognition of risk, careful privilege management, and strate gic decision-making can alter the trajec tory of a case. Sometimes, doing nothing is the biggest mistake. Other times, it is the right strategy. The attorneys who serve their clients best are those who know when to pause, when to ask, and when to bring in a different kind of experience.

Assessing the Need for Criminal Defense Expertise

In certain matters, the complexity of the issues and the procedural posture of the investigation may warrant additional criminal defense expertise. This is not an abdication—it is a tactical choice. Attorneys experienced with federal grand jury investigations bring insight into prosecutorial priorities, privilege vulnerabilities, and exposure assess ments. They can engage the government directly, manage proffer discussions, and advise on strategic positioning without compromising the client’s broader legal objectives. The benefit of dual repre sentation becomes critical when a client receives an Upjohn warning (a notice, per Upjohn Co. v. United States, 449 U.S. 383 (1981)), informing employees that corporate counsel represents the organiza

Vadim A. Glozman is a principal attorney at Glozman Law and focuses on criminal defense, repre senting individuals in fed eral and white-collar cases, from grand jury investiga

tions through trial and appeal.

CBA RECORD 21