Global companies today face multiple pressure points. They must manage a work force that spans the globe and that may hold diverse views on almost every aspect of corporate culture, including compliance. They must develop their brand and image across different societies, social media sites and press corps. And, if and when misconduct arises, they will be confronted with the difficult challenge of figuring out what happened in a way that satisfies employees, investors, the public and—importantly—regulators across multiple countries, all while taking care to address the risks related to possible civil litigations that may be filed around the world.
Last year, nine of the 10 corporate enforcement actions pursued by DOJ’s Fraud Section involved conduct that took place in multiple countries. In the past two years, the SEC has acknowledged receiving assistance from more than 25 different jurisdictions in matters involving the Foreign Corrupt Practices Act. Both agencies have commented that global coordination among regulatory and criminal authorities continues to increase. Matthew S. Miner, “Deputy Assistant Attorney General Matthew S. Miner of the Justice Department’s Criminal Division Delivers Remarks at the 5th Annual GIR New York Live Event,” Sept. 27, 2018; Steven Peikin, “The Salutary Effects of International Cooperation on SEC Enforcement,” Dec. 3, 2018. In a worst-case scenario, “issue contagion” can lead stakeholders in one country to focus on an issue with more intensity, and with more bite at the end of the day, in reaction to parallel investigations elsewhere.
