The FCPA Report

The definitive source of actionable intelligence covering the Foreign Corrupt Practices Act

Articles By Topic

By Topic: Electronic Discovery

  • From Vol. 5 No.13 (Jun. 29, 2016)

    Foreign Attorneys Share Insight on Data Privacy and Privilege in Multinational Investigations

    Multi-jurisdictional anti-corruption investigations are proliferating and subject companies must manage competing requests and competing legal regimes. At the recent White Collar Crime Institute presented by the New York City Bar Association, a panel of foreign lawyers delved into the challenges faced by counsel confronting multinational regulatory actions, including coordinating requests from multiple jurisdictions, preserving attorney-client privilege, conducting witness interviews and navigating data privacy laws. The panel featured attorneys based in London, Geneva, Hong Kong and Sao Paulo. See “How the Expanding Petrobras Scandal May Spark a New Era of Multi-Lateral Enforcement” (Dec. 2, 2015).

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  • From Vol. 4 No.15 (Jul. 22, 2015)

    Addressing E-Discovery Challenges When Conducting International Investigations

    Conducting e-discovery in a cross-border investigation – a task difficult to avoid in an FCPA probe – presents an array of challenges including compliance with data privacy and other local laws; language and cultural barriers; and data collection issues.  In a guest article, e-discovery experts at Epiq Systems Martin Bonney and Melinda Kunjasich detail those challenges and explain best practices for conducting thorough and cost efficient e-discovery in international investigations.  See also “How to Manage a Multi-National Anti-Corruption Investigation,” The FCPA Report, Vol. 2, No. 6 (Mar. 20, 2013).

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  • From Vol. 4 No.10 (May 13, 2015)

    Private and Public Sector Perspectives on Producing Data to the Government

    Document requests from the government can be overwhelming, even for large companies.  Proactively communicating with the government early in the process can limit the burden placed on a company.  During a panel at Practising Law Institute’s 2015 Government Investigations event, officials from the DOJ, CFTC and SEC, along with private practitioners, shared their insight on the first steps companies should take after receiving a subpoena or other request, how to effectively negotiate with the government about the scope of the request, whether and how the government takes the burden of document productions on companies into account, and more.  See also “Conflicting Compliance Obligations: How to Navigate Data Privacy Laws While Performing Internal Investigations and Promoting FCPA Compliance in the E.U. (Part One of Three),” The FCPA Report, Vol. 2, No. 1 (Jan. 9, 2013); Part Two of Three, Vol. 2, No. 2 (Jan. 23, 2013); Part Three of Three, Vol. 2, No. 3 (Feb. 6, 2013).

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  • From Vol. 1 No.12 (Nov. 14, 2012)

    Strategies for Preserving Data Before and During an FCPA Investigation

    Companies operating in today’s international marketplace create and distribute mass quantities of electronically stored information.  On any given day, a multinational company’s employees may write and distribute thousands of e-mails, letters, text messages, instant messages and other electronic documents.  If not handled properly, such information can create significant risks for global organizations, potential subjects of FCPA (and other) investigations.  Failing to create and implement a comprehensive data preservation policy prior to the start of an investigation or inquiry can have dire consequences, particularly if documents are inadvertently destroyed after a preservation duty develops.  Handling data correctly – both before and during an FCPA investigation – is straightforward in theory but challenging in practice.  This article provides insight on how best to deal with the mountain of data relevant to an investigation, including how a company can insulate itself proactively from the risks caused by poor data management; the importance of creating, implementing and enforcing a comprehensive data preservation plan prior to the triggering of a preservation obligation; how to determine when a preservation obligation arises; and best practices for implementing a litigation hold after the obligation has arisen.

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