Justin Danilewitz, Head of the White Collar & Government Enforcement Practice at Saul Ewing LLP, will be speaking at the PBI Environmental Law Forum 2026 on April 22, 2026. The title of his talk will be "Effective and Ethical Defense in Pennsylvania State Grand Jury Investigations of Environmental Crimes."
Ethical issues abound when investigations of environmental matters involve both the Pennsylvania Department of Environmental Protection (PADEP) and Pennsylvania Office of Attorney General (PAOAG). These ethical issues will be explored using a fact pattern from an actual environmental case where both the PADEP and PAOAG were involved in parallel investigations and will refer to recent case law where such ethical issues have arisen in grand jury investigations. The session will discuss the ethical issues implicated starting with a criminal referral by the PADEP to the PAOAG under the Commonwealth Attorneys Act, and parallel investigations by the Bureau of Investigations and the PAOAG. The panel will explain important distinctions between a Pennsylvania statewide grand jury investigation and a federal grand jury investigation. It will further explain how to navigate Pennsylvania’s grand jury process, and the requirements of grand jury secrecy. The session will also consider internal investigations on behalf of corporate entities, and appropriate notices to issue to employees. Finally, the session will address who is the holder of the attorney-client privilege in the representation of a company in parallel investigations, and when and how the privilege may be waived. The presenters will identify the Pennsylvania Rules of Professional Conduct frequently implicated and the significant consequences that may result if they are violated.
