September 6, 2019
Publication: Bloomberg Law
Kobre & Kim’s Scott Hulsey discusses how foreign companies and employees operating within the U.S. can prepare for the potential risk of unexpected information seizure and investigations from U.S. law enforcement in Bloomberg Law.
“Unannounced visits by authorities to seize information and interview employees—known as “dawn raids”—can be unsettling under the best of circumstances, and especially intimidating to employees of foreign companies unaccustomed to the U.S. legal system,” explained Hulsey.
Understanding the circumstances and scope of investigations, knowing how and when to interact with law enforcement conducting searches and knowing how to limit enforcement access from unrelated, privileged information can be critical to mitigating against unnecessary criminal exposure while still remaining compliant.
“While the rights afforded to foreign companies and employees operating on U.S. soil are the same as those for their U.S. counterparts, these rights nevertheless may not be well understood by those from countries with different legal regimes,” notes Hulsey. “Proper attention to the above steps ultimately can mitigate against unnecessary criminal exposure.”