Free With Registration: Cross-Border Investigations
Claudius O. Sokenu, a partner at Arnold & Porter, and Jessica L. Medina and Tiffany A. Archer, associates at the firm, write: Multijurisdictional investigations tend to multiply the magnitude of complex investigatory issues that a company faces in government investigations. Among many others, these issues include data privacy laws or other blocking statutes, employee-friendly labor laws, attorney-client privilege issues, language and cultural barriers, conflicting information technology platforms, document retention policies and practices that fall short of U.S. standards, and improper application by U.S. government agencies of Mutual Legal Assistance in Criminal Matters Treaties or Memoranda of Understanding. Counsel conducting internal investigations either for purposes of self reporting or in response to government-initiated investigations or enforcement actions must pay close attention to these pitfalls.
