Internal investigations in Asia are rife with risk for the unprepared. For starters, Asia comprises a dozen or so very different legal jurisdictions, each with its own important nuances. As a result, pitfalls abound in the region, including vague state secrets rules, constantly changing data protection regimes, varying attorney-client privilege laws, and the ever-present challenge of language and cultural differences. Based on our experience conducting internal investigations across Asia, however, thoughtful counsel can balance these competing interests while conducting internal investigations in China, Korea, and other Asian jurisdictions while satisfying inquiries from local regulators and the U.S. government.
Where in the World Are Your Documents, and Why Does It Matter?
The first order of business is to determine where the documents relevant to the investigation are located and what local laws may apply. Besides the logistical difficulties of compiling documents across borders (and often different languages and file formats), the patchwork of Asian data protection laws is a trap for the unwary.
