Balancing Government and Employee Interests in Disputes?

Selected highlights from January 30 panel of experts who shared insights about handling disputes involving classified information.  The event was sponsored by the Bar Association of the District of Columbia at the law firm of Reed Smith LLP and was moderated by the Council on Intelligence Issues:

• In disputes involving classified information, it’s important to manage expectations early so that conflicts in litigation can be minimized.
• Counsel outside government often don’t know the rules for getting access to and protecting information, which often leads to confusion, misunderstandings, and frustration.
• There’s a need for more training or other education about the rules.
• Rules for civil and criminal cases differ and parties to the litigation are not always sure what they are and why.
• Sometimes outcomes can be or seem unfair because the rules are what they are.
• It can be important to avoid alienating employees and creating toxic situation with potential CI or security risks.
• Government officials don’t like to see opposing counsel go to the press or Congress to make their cases, but opposing counsel sometimes think that’s the only way to get the Government’s attention to help the client.
• Often the most important element in dealing with and minimizing conflicts: the individuals involved and how well they handle situations.
• Generally the government attorneys and opposing counsel involved in IC-employee litigation may disagree but are operating in good faith.

For information about this event and its partipants, see Past Events.