Barry Pollack Comments on Distinctions Between White Collar Internal Investigations and "Deflategate" in Global Investigations Review

"Deflategate: should you hand over your phone?"
Global Investigations Review
05.18.15Barry Pollack commented on the differences between the investigation of American football player Tom Brady, who is accused of conspiring deflate game balls, and more common white collar internal investigations. National Football League (NFL) defense lawyer Theodore Wells wrote in a report that while Brady was cooperative during an interview, he refused to hand over relevant electronic communications, such as text messages. Some defense lawyers say that the "Deflategate" scandal is indicative of the increasing prevalence of texts in internal investigations as opposed to emails; however since they are not work-related communications, they can be more difficult to access as evidence of misconduct. "In some ways Theodore Wells was more hamstrung than in most corporate investigations where in the US, at least, an employee who fails to cooperate will face severe sanctions, including possible job termination," Pollack said.
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