Home | Attorney General Investigations, Enforcement Actions, and Civil Investigative Demands
Attorney General Investigations, Enforcement Actions, and Civil Investigative Demands
The Minnesota Attorney General’s Office has authority to issue a Civil Investigative Demand (CID) to request information and documents as part of an investigation. The CID should provide a brief description of the subject matter of the investigation and the laws that may have been violated. A CID may be issued to the target of the investigation, or to a third-party with potentially relevant information. Oftentimes, parties first learn they are being investigated when they are served with a CID. Other state agencies, such as the Minnesota Department of Commerce, have authority to issue similar investigative demands.
It is important for a party who is served with a CID to take stock of the information being requested and to consider the basis for the investigation. For example, is the recipient a target of an investigation, or simply being asked to provide information as a neutral holder of information about a target? If the recipient is a target, the recipient should consider, in conjunction with legal counsel, any events or circumstances that may have given rise to the issuance of the CID. For example, has there been an uptick in consumer complaints, has a disgruntled employee recently left the organization, or has a competitor been raising complaints on social media? The recipient and their legal counsel should determine how long it will take to gather information in response to the CID, whether an extension is needed and for how long, and whether any of the information requests are unduly burdensome and/or unfairly expensive/difficult to comply with. The recipient should also immediately cease any routine processes or procedures that could lead to the destruction of documents relating to the investigation, such as the automatic deletion of emails.
Under Minnesota law, the CID must give the recipient at least 20 days to answer interrogatories, or written questions, at least 15 days to provide documents, and at least 15 days’ notice of a deposition. Reasonable extensions are usually possible. It also may be possible in some cases to narrow the scope of a CID if particular requests pose undue burden. If a party fails to comply with a CID, the Attorney General’s Office may apply to the district court for an order compelling compliance.
The Minnesota Attorney General’s Office has authority to issue a Civil Investigative Demand (CID) to request information and documents as part of an investigation. The CID should provide a brief description of the subject matter of the investigation and the laws that may have been violated. A CID may be issued to the target of the investigation, or to a third-party with potentially relevant information. Oftentimes, parties first learn they are being investigated when they are served with a CID. Other state agencies, such as the Minnesota Department of Commerce, have authority to issue similar investigative demands.
It is important for a party who is served with a CID to take stock of the information being requested and to consider the basis for the investigation. For example, is the recipient a target of an investigation, or simply being asked to provide information as a neutral holder of information about a target? If the recipient is a target, the recipient should consider, in conjunction with legal counsel, any events or circumstances that may have given rise to the issuance of the CID. For example, has there been an uptick in consumer complaints, has a disgruntled employee recently left the organization, or has a competitor been raising complaints on social media? The recipient and their legal counsel should determine how long it will take to gather information in response to the CID, whether an extension is needed and for how long, and whether any of the information requests are unduly burdensome and/or unfairly expensive/difficult to comply with. The recipient should also immediately cease any routine processes or procedures that could lead to the destruction of documents relating to the investigation, such as the automatic deletion of emails.
Under Minnesota law, the CID must give the recipient at least 20 days to answer interrogatories, or written questions, at least 15 days to provide documents, and at least 15 days’ notice of a deposition. Reasonable extensions are usually possible. It also may be possible in some cases to narrow the scope of a CID if particular requests pose undue burden. If a party fails to comply with a CID, the Attorney General’s Office may apply to the district court for an order compelling compliance.
Read more information about government investigations elsewhere on this website.