Kaye Scholer Attorneys To Participate In PLI’s One-Hour Briefing, “Special Problems in Representing Foreign Companies in US Criminal Investigations”

April 9, 2013

On April 9, 2013, Kaye Scholer’s Robert Bell, Sebastian Jungermann, Eric Sussman and Yingxi Fu-Tomlinson will serve as panelists in PLI’s One-Hour Briefing, “Special Problems in Representing Foreign Companies in US Criminal Investigations.” Kaye Scholer’s Gregory Wallance will serve as Moderator.

The panelists will discuss, via webcast, what a US lawyer representing a foreign company in Department of Justice criminal investigations may encounter, including cultural, institutional and legal disconnects with the US criminal justice system that create unique challenges and risks.

Specific topics that will be addressed include:

  • Cultural disconnects between foreign companies and the US criminal justice system, with special emphasis on Japan, China and Germany
  • Measures to deter destruction of documents by employees of companies in countries that do not recognize obstruction to be a crime or otherwise sanctionable
  • Understanding the role of in-house counsel in a foreign company
  • Understanding employee protection laws in foreign jurisdictions and their impact on investigations in those jurisdictions
  • Preserving the US attorney-client privilege in internal investigations in foreign jurisdictions and understanding the limits of the attorney-client privilege in those jurisdictions
  • Responding to cross-border discovery and parallel foreign jurisdiction proceedings, including coordination of multi-jurisdictional leniency applications, extradition and new developments in criminal sanctions in foreign jurisdictions
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