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Post-Employment Responsibilities

8.1 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.

File Retention
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 Orders
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.