If your business is engaged in international transactions you may be interested to know that law enforcement officials are increasingly collaborating across borders on investigations of a host of illegal activities ranging from the antitrust violations, to tax evasion, to bribery of foreign officials, financial fraud, and more.  No longer can you safely escape the clutches of Inspector Clouseau by crossing a border.

Due to this heightened scrutiny, companies with significant international operations are conducting more of their own multi-jurisdictional and cross-border investigations.  Of course every time you leave your home country you are bound to encounter some surprises and challenges. 

An interesting article, titled “Pitfalls of Cross-Border Investigations” identifies four important rules of the road that are worth noting: 

1. Secure relevant documents.  This may be easier said than done due to diverse document retention policies abroad, language barriers, and other technological challenges.
2. Beware of local rules when interviewing employees abroad.  Some countries have privacy laws that entitle employees to bring their own attorney or to decline your invitation to sit down and talk altogether.  Then there are additional hurdles created by language and other cultural barriers.
3. Recognize that the U.S. concept of attorney-client privilege is not universally accepted abroad.  European law in particular is at odds with U.S. law on this front.
4. Give consideration to a coordinated investigation if multiple governments are zeroing in on the same issue.

Conducting business internationally is a trap for the unwary, regardless of whether you have a substantial footprint overseas or are just starting out.  That’s why I’m delighted to be interviewing international legal expert, Carol Emory on December 3, 2009 at 8 pm Eastern ( 5 pm Pacific) about the potential legal pitfall of international business transactions. 

Click here for more information about how you can submit a question that I’ll ask Carol on December 3^rd and mark your calendar to join us for this valuable and complimentary program.

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