## Q23 key (Two Forums, One Witness)

1. Issue and confirm a cross-matter preservation plan immediately, collect ordinary records once, maintain separate privilege review, and prevent witness coordination. Missed: evidence is lost or inconsistent collections contaminate both matters.
2. Bexley cannot invoke self-incrimination and must produce responsive nonprivileged corporate records. It should make the seven-day civil production with a privilege log and separately prepare the grand-jury production, subject to lawful objections. Missed: the entity defaults in both forums on a privilege it does not have.
3. Retain separate counsel for Nora before any declaration, deposition decision, or government contact. Identify other exposed executives and give noncoercive warnings that company counsel represents Bexley, privilege belongs to Bexley, and separate counsel may be needed. Missed: company counsel advises a witness whose interests may diverge.
4. Seek a prompt, narrow stay or protective order postponing Nora's deposition and overlapping testimony until her status is clarified, while allowing nonprivileged document production and nonoverlapping civil work. Missed: an overbroad stay is denied or Nora is forced into an avoidable choice.
5. A valid invocation can support a corroborated civil inference but is not automatic liability or automatic imputation to Bexley. The company must not direct invocation or promise no employment consequence. Missed: civil risk is either ignored or exaggerated into certain loss.
6. Do not trade the privileged investigation memorandum for an extension or give it voluntarily to the government. Voluntary disclosure waives privilege, and the civil protective order would not restore it. Missed: the principal legal analysis becomes discoverable in both matters.
7. Do not submit the chief executive's proposed declaration. Nora lacks personal basis for “every sale,” side letters remain unreviewed, and the declaration risks a false civil statement and criminal use. Missed: a deadline response creates new evidence of intent.
8. Ask prosecutors now for nonprivileged status information and their position on a narrow civil stay. If they decline, proceed on the known overlap and uncertainty rather than assume target or witness status. Form an independent board committee to direct entity decisions. Missed: the company waits for a fact it may never receive or lets implicated management control the response.
9. Sequence: preserve and retain separate counsel; request government status; collect and produce nonprivileged civil records; file targeted stay before the deposition; maintain privilege; prepare the grand-jury response; then reassess testimony after status and counsel review. Missed: right actions occur in an order that waives or defaults one forum.