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Click here to find out moreEd Fishman of K&L Gates highlights ethical challenges that are often faced by in-house counsel and outside counsel when conducting internal investigations relating to conduct that has occurred outside the U.S. Such cross-border investigations have become critical for multinational companies that may be subject to a wide range of laws with extraterritorial application, including securities, anti-corruption, export control and international trade laws. However, investigative counsel must be aware of various ethical challenges that can arise when conducting cross-border investigations. The topics covered include the differences between attorney-client privilege rules in the U.S., the E.U. and other jurisdictions; evidence collection challenges as a result of the E.U. Directive on Data Privacy; local employment law considerations when considering disciplinary action against employees outside the U.S.; and the tension that can arise in joint representation situations between Model Rule of Professional Conduct 1.4 (the duty to communicate with the client) and Model Rule of Professional Conduct 1.6 (the duty to maintain client confidentiality).
