On Demand

Ethical and Strategic Issues in Cross-Border Internal Investigations

1h 4m

Created on May 27, 2021





This program, presented by Frank Wohl and Gabrielle Friedman of Lankler Siffert & Wohl LLP, will focus on the ethical duties and unique strategic considerations that arise in cross-border corporate investigations of conduct that occurred entirely or partly outside the United States. Special attention will be given to the implications of the limited US jurisdiction over witnesses and documents located in foreign countries; limitations on the ability of US lawyers to engage in investigative activities in foreign jurisdictions; preservation of privileges in the cross-border environment; US legal restrictions and requirements applicable to US counsel representing foreign clients; and the impact of foreign blocking statutes and data privacy laws. These and other issues will be explored from the viewpoints of investigating counsel, corporate counsel, and counsel for individuals. This program will be of particular interest to counsel for foreign or multinational corporations and to attorneys who represent foreign or US individuals whose activities outside the United States become the subject of US investigations.

Learning Objectives:

  1. Fulfill the ethical obligations of US attorneys participating in investigatory activities in other countries
  2. Structure cross-border investigations to protect client privileges and work product
  3. Conduct witness interviews in foreign countries
  4. Strategize representation of non-US-based individuals in the US investigations
  5. Comply with, and take advantage of, other nations' data protection and privacy regulations

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