How Cross-Border Investigations are Now Unfolding in Practice: Practical Guidance for Multinationals and their Advisors Post-U.S. v. Hoskins

January 30, 2019 9:45am

Darryl Wegner
Assistant Special Agent in Charge
Federal Bureau of Investigation

William B. Jacobson
Orrick, Herrington & Sutcliffe LLP (Washington, DC)

Barry Vitou
Greenberg Traurig, LLP (United Kingdom)

  • Lessons learned from the rise in multi-jurisdictional prosecutions and international coordination
  • Revisiting your disclosure calculus in response to recent developments and US DOJ policy implementation
  • U.S. v. Hoskins: The scope of FCPA application
  • Mitigating the risk of “double jeopardy”: When a company can receive a “coordinated” fine or settlement rather than fines by multiple enforcement bodies
  • How to respond to conflicting demands by different enforcement agencies
  • The most essential, must-have skills and tools to manage an investigation across countries and enforcement agencies
  • Cooperation conundrums: Compelled testimony and admissibility across borders, transfer of confidential information, cross-border misalignment of privileges (privilege of location), etc.
  • Best practices for selecting and managing outside counsel
  • Hypothetical case example: A practical illustration of how a case is likely to be handled in the US vs. France vs. Brazil vs. UK vs. China