Joseph I. Lieberman, senior counsel at Kasowitz, Benson, Torres & Friedman and former U.S. Senator and Attorney General of the State of Connecticut, reflects on some of the lessons drawn from transitioning from law maker to law practitioner, particularly in relation to representing clients before Congressional investigations and in conducting investigations in private practice.
Harvey Kelly, managing director with AlixPartners, writes: The globalization of business has had a profound impact on companies when they face allegations of wrongdoing. Interactions with government officials, potential collaboration with competitors in violation of antitrust regulations, global tax minimization strategies and financial reporting practices are just some of the areas that can require investigation. Regardless of the type of alleged misdeed, investigations involving overseas operations can be particularly challenging.
Palmina Fava, Mor Wetzler and Morgan Heavener of Paul Hastings write: In the first half of 2013, the Department of Justice initiated more U.S. FCPA enforcement actions than it did in all of 2012. Globally, more countries amended or enacted anti-corruption legislation. Accordingly, multi-national companies remain committed to enhancing their compliance measures, including by undertaking internal investigations, risk assessments, and anti-corruption related internal audits. The findings of such compliance reviews may be protected by privilege, but establishing and preserving that privilege is nuanced.
Frederick T. Davis, Antoine F. Kirry and Mark P. Goodman of Debevoise & Plimpton write: Trans-border criminal investigations can pose different kinds of problems depending on whether there is a single investigating authority (often the U.S. Department of Justice), or if the investigating authorities in more than one country are simultaneously involved. It is important to identify key variables in both situations necessary to develop an effective strategy.