7.1 Post-Employment Responsibilities
As former experts or LSS providers for the
FDIC, the expert or LSS provider has responsibilities that continue
after work for the FDIC has been completed.
Former FDIC experts and LSS providers have a duty
to protect confidential information and shall not use or allow the
use of confidential information to further a private interest other
than as contemplated by their FDIC agreement for services.
Former experts and LSS providers have an obligation to preserve
their files pertaining to the services they provided to the FDIC and
those files concerning invoice support. The files may not be
destroyed without the express permission of the FDIC.
Contacts with the Public and Media
All restrictions concerning public and media contacts applicable
while providing services to the FDIC continue after services are
concluded. These restrictions are discussed in Chapter 1.
Identifying FDIC as a Former Client
The expert or LSS provider may list FDIC as a former client in
published materials provided the expert or LSS provider adheres with
the guidance discussed in Chapter 1.
Compliance with Subpoenas and Other Court
Experts or LSS providers that are served with a subpoena, court
order, or other legal process documents relating to services
provided to the FDIC, must immediately notify the FDIC’s General
Counsel, and may not disclose FDIC’s records or provide testimony
without authorization from the FDIC.
This requirement and the follow-up steps are
discussed in FDIC regulations at
12 C.F.R. §§ 309.7(b) and (c).
The expert or LSS provider agrees to cooperate
with the FDIC, if the Legal Division decides to appeal or challenge
the subpoena or order. Under no circumstances should it be construed
that FDIC will represent experts or LSS providers in this matter or
reimburse for any legal fees or other expenses that may incur in
complying with this requirement. However, FDIC will consider
requests for reimbursement on a case-by-case basis.