News & Analysis as of

Cross-Border Attorney-Client Privilege

American Conference Institute (ACI)

[Event] 40th International Conference on the FCPA - November 28th - 30th, National Harbor, MD

Hosted by American Conference Institute, the 40th International Conference on the FCPA returns for another exciting year with curated programming that shines a global spotlight on anti-corruption compliance challenges,...more

Womble Bond Dickinson

[Webinar] Exploring Cross-Border Privilege Issues - October 26th, 10:00 am - 11:30 am EDT

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Join our panel of distinguished attorneys from across the globe to explore how attorney-client privileged communications and work product protections are defined and applied across jurisdictions. Panelists from the United...more

HaystackID

Navigating International Discovery Restrictions: Seven Recommendations

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Background Note: International discovery exercises and investigations can be a complex and challenging process for cybersecurity, information governance, and eDiscovery professionals. Navigating the different laws and...more

WilmerHale

The European Court of Justice Clarifies the Scope of Legal Professional Privilege Under EU Law

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On December 8, 2022, the European Court of Justice (ECJ), the European Union’s highest court, delivered a landmark ruling in Orde van Vlaamse Balies a.o. (the Judgment) clarifying that legal professional privilege (LPP) is...more

Dunlap Bennett & Ludwig PLLC

Privilege Issues in Cross-Border Disputes

Under the laws of the United States, a client’s communication with his/her lawyer for the purpose of seeking or providing legal advice is protected by the well-established attorney-client privilege. Additionally, documents or...more

Goodwin

Conducting Internal Investigations: In-House Counsel’s Guide

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Whether you are a director, or a member of an in-house legal, human resources, or internal audit team, there are sensitive scenarios that occur daily in companies and charitable organizations across industries that trigger...more

Skadden, Arps, Slate, Meagher & Flom LLP

Transatlantic Approach on Corporate Cooperation: How Newly Issued French and UK Guidance Compare to US Practices

As widely anticipated, French and U.K. regulators recently published guidance detailing their expectations for corporate cooperation in enforcement investigations. Both sets of guidance demonstrate further alignment of those...more

Wilson Sonsini Goodrich & Rosati

Litigation & Dispute Resolution 2019 – Eighth Edition - U.S. Chapter

Efficiency and integrity of process – The American legal system. The American legal system, founded on notions of fairness and due process, is respected throughout the world for its ability to deliver predictable,...more

Littler

How to Conduct an International Internal Investigation

Littler on

Imagine an anonymous worker at a multinational’s Egypt factory contacts the global whistleblower hotline and accuses the Cairo plant manager of dumping chemicals into the Nile. Or imagine the manager of a bank’s Mexico City...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cross-Border Investigations Update - January 2019

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including DOJ guidance on the use of corporate monitors in criminal...more

Cohen & Gresser LLP

Mad Dogs and Englishmen: Part Deux

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One of the most insipid hit records of the 1960s was Roger Miller’s “England Swings (Like a Pendulum Do).” In an earlier edition of this august Journal, I detailed how differently our English “cousins” swing on the issue of...more

Moore & Van Allen PLLC

Protection for Investigation Materials Remains in the Eye of the Beholder

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One of the most problematic questions facing companies simultaneously undergoing a review by external counsel and responding to a government inquiry is whether the information shared with or created by counsel will be...more

Eversheds Sutherland (US) LLP

Partnering Perspectives - Summer 2017

As we implement the Eversheds Sutherland combination and expand our ability to serve clients around the globe, our US and international teams are working together to analyze issues impacting clients doing business in multiple...more

Latham & Watkins LLP

UK Decision Highlights Potential Privilege Problems in Cross-Border Investigations

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7 steps companies can take to maximize privilege protections under US and English law. Key Points: ..In a recent case, an English court stated that privilege did not apply to notes of employee interviews,...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Cross-Border Investigations Update - December 2016"

This issue of Skadden’s semiannual Cross-Border Investigations Update looks at Brexit’s impact on corporate crime and investigations, the U.S. DOJ’s increased use of forfeiture actions with international implications, current...more

Proskauer - Minding Your Business

Choice of Law Principles in Cross-Border Privilege Disputes: Whose Law Applies?

The Attorney-Client Privilege and Work Product Doctrine in the United States and Abroad - The attorney-client privilege and work product doctrine are important and well-known concepts to nearly every lawyer in the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cross-Border Investigations Update - November 2015

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases and enforcement trends, including developments in U.S. Foreign Corrupt Practices Act enforcement; the introduction of...more

Dechert LLP

Preservation of Legal Privilege in Corporate Investigations – A Cross Border Comparison

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A D.C. Circuit decision (In re Kellogg Brown & Root, Inc.) has confirmed privilege over employee statements during in-house investigations. Can the world take comfort? This article examines privilege in the context of...more

Morrison & Foerster LLP

Dispute Resolution Multi-Jurisdictional Guide 2013/14 Country Q&A: Japan

MAIN DISPUTE RESOLUTION METHODS - 1. What are the main dispute resolution methods used in your jurisdiction to settle large commercial disputes? Litigation -- Litigation is the most frequently used...more

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