Preserving the Attorney-Client Privilege in Cross-Border Internal Investigations

Under pressure to quickly formulate an investigation plan, attorneys conducting an internal investigation on behalf of a company or board committee can easily overlook the importance of establishing procedures at the outset to ensure the preservation of applicable privileges.  That is a mistake.  In a guest article, James Walker, a partner at Richards Kibbe & Orbe LLP, examines the difficult privilege issues faced by both in-house and outside counsel conducting cross-border internal investigations, including (1) the complexities that arise in connection with conducting witness interviews in cross-border investigations; (2) the difference between the law of privilege in the U.S. and other jurisdictions; (3) the considerations involved when communicating with foreign in-house counsel; and (4) pitfalls associated with ignoring data privacy rules.  See also “Representing Foreign Companies in Criminal FCPA Actions: Strategies for Handling the Legal, Practical and Cultural Challenges,” The FCPA Report, Vol. 2, No. 8 (Apr. 17, 2013).

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