Navigating Privilege and Data-Privacy Challenges in a Cross-Border Bribery and Corruption Investigation

Governments are increasingly cooperating with each other in investigations and companies are cooperating more with governments, incentivized by cooperation credit. Both of these developments create challenges for companies with regard to preserving attorney-client privilege and compliance with data privacy laws. In a guest article, Lillian S. Hardy, a partner at Hogan Lovells, compares the laws of privilege and enforcement expectations in the U.S., U.K. and Brazil to illustrate how companies can navigate these challenges during cross-border investigations. See The FCPA Report’s three-part series on protecting attorney-client privilege and work product while cooperating with the U.S. government: “Establishing Privilege and Work Product in an Investigation” (Feb. 1, 2017); “Cooperation Benefits and Risks” (Feb. 15, 2017); and “Implications for Collateral Litigation” (Mar. 1, 2017).

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