In the wake of the #MeToo movement, domestic and global workplace investigations have become commonplace. The need to conduct multiple ongoing investigations, whether in response to anonymous hotline complaints or vocal current employees, can overwhelm an HR department and its counsel. The problems become more acute when the investigation involves cross-border conduct, or when witnesses or documents are located overseas.

Because U.S. anti-harassment policies were engineered for the U.S. at-will employment environment, simply exporting these tools into overseas investigations may cause problems. American companies must consider local law and custom overseas before carrying out an investigation—just as we would expect an overseas-based company to do prior to carrying out an investigation in the United States.