Often when people get subpoenaed or a company gets notice of an investigation, they think the sky is falling, which is understandable. I have the ability to give them sufficient comfort so that they open up to me and allow me to help them get through the process with as little pain as possible. It gives me great satisfaction to apply my experience and approach to counsel them in a way that lets them breathe easier and not obsess about that investigation every minute of every day for the months it takes to conclude. They can sleep at night, run their businesses, and continue to be productive. My clients’ well-being means the world to me.
Dan Plunkett advises clients facing challenging issues and regulatory scrutiny. As Co-Chair of the firm’s Government and Internal Investigations team, Dan helps financial services companies and other clients embroiled in ethics charges, criminal proceedings, and regulatory proceedings. In his role as a litigator, he represents clients in False Claims Act cases and defends companies and institutions in consumer finance matters and class actions. Additionally, Dan advises multiple lenders/syndicators in tax credit litigation, including partnership disputes and removals.
With many years of experience in investigations, Dan understands the importance of approaching each case without preconceived ideas. Although he dives into each matter with a strong base of knowledge and the ability to ask questions that allow him to obtain and assimilate key facts, he always exercises care to let the client’s circumstances shape the response to the investigation.
Investigations have a commonality — somebody somewhere made a decision or took an action that has caused the government to take notice. Governmental investigators tend to focus on evidence preservation very quickly in each case, and Dan emphasizes to clients the crucial need to keep documentation of relevant events so they can be assessed by the appropriate authorities in the appropriate way. He ensures that each client understands their obligations and helps them to quickly, efficiently, and correctly determine who took action, who made key decisions, and whether these events are attributable to the company or to a rogue bad actor or some combination of the two. He can then guide the client in dealing with the situation in a way that minimizes legal and reputational exposure.
On the litigation front, Dan recognizes that defending clients against lawsuits requires a different temperament and strategy than his investigations work. His clients face off against plaintiffs who are financially motivated and usually represented by very good attorneys who are also driven by financial incentives. Consequently, while he maintains a steady, professional approach, he also possesses a litigator’s fierce competitive streak and won’t hesitate to apply firm pressure to achieve positive outcomes for his clients.