Insights

U.S. lawyers conducting internal investigations in the UK should beware that the attorney-client privilege protections they enjoy in the U.S. may not apply in the UK.

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London-based former U.S. Department of Justice prosecutor Jason Masimore discusses the distinct approaches regulators in different jurisdictions take regarding whistleblowing, nonprosecution agreements and internal investigations in a recent Global Risk Regulator article.

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India is the world’s third-largest economy and has become increasingly welcoming for foreign investors and multinational corporations in recent years.

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Robert W. Henoch, a former U.S. federal prosecutor based in Israel, together with Washington DC-based lawyer William J. Rosenzweig, provide practical solutions for U.S. taxpayers in Israel to navigate new IRS reporting requirements in a recent Law360 article.

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Asia-based lawyer Shaun Wu recently commented on the expansion of regulatory enforcement in both China and Hong Kong and the precautions that foreign corporations should take to ensure that they remain on the right side of the law as local governments crack down on bribery and corruption. In two articles published by Commercial Dispute Resolution, Mr. Wu notes trends in increased enforcement, observing the criminalization of practices once considered commonplace. He also offers tips for how to best oversee company policies when doing business in China and Hong Kong, and guidance on when to conduct internal reviews.

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International judgment enforcement lawyers Carrie Tendler and Michael Sanfilippo discuss three U.S. Court of Appeals decisions that will likely impact the speed and ease with which holders of foreign arbitral awards can enforce them in a recent article in Today’s General Counsel. The authors also explore the current unsettled landscape of arbitral awards and offer advice for developing an effective strategy, including how to settle, budget, and sell an award.

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In cross-border insolvency proceedings, it is often misguided to select a forum based on the location of the insolvent entity or group in an attempt to take advantage of familiarity of local rules or a “home-field advantage.”  Insolvency lawyers Rebecca Hume, based in the Cayman Islands, and Randall Arthur, based in Hong Kong, discuss the strategic advantages to utilizing the insolvency procedures of foreign jurisdictions in addition to, or instead of the home jurisdiction in a recent INSOL World article. The article touches on several recent cases that highlight the importance of considering jurisdictional issues, both pre- and post-appointment, and how forum selection can impact a party’s strategy for maximizing recovery.

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Former federal lawyers William F. McGovern and Eric Bruce, along with Beau Barnes, address the inherent risk in conducting internal investigations in Asia in a recently published New York Law Journal article. Lending from their experience conducting internal investigations across the region, the lawyers address the common pitfalls, including vague state secrets rules, constantly changing data protection regimes, varying attorney-client privilege laws, and the ever-present challenge of language and cultural differences.

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In the law and practice of international investigations section of the Global Investigation Review, Michael Kim and Robin Baik discuss legal issues arising in cross-border investigations and regulatory enforcement matters in Korea.

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As the Serious Fraud Office (SFO) puts a triumphant spin on the stutter-stepping start of the UK’s Deferred Prosecution Agreement (DPA) era, UK corporates considering the DPA route remain wary.

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International judgment enforcement lawyers Jef Klazen, Marcus Green, and Matthew Kokot address the process of enforcing a judgment following arbitration in the United States in a recent chapter of The Arbitration Review of the Americas 2017, a guide produced by the Global Arbitration Review. 

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As joint venture agreements gain in popularity, corporate executives should be aware of the legal challenges and pitfalls that present themselves in these unique commercial arrangements.

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In a recent article published in Fraud Intelligence, former federal prosecutor Jason Masimore discussed corruption within the global business community and what counterfraud professionals should do if bribery is suspected within an organization.

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Former federal prosecutor, Michael S. Kim, along with other members of the firm’s Korea disputes team, Robin J. Baik and S. Nathan Park, discuss special considerations for tracking and recovering assets in Korea in the latest edition of The Asset Tracing and Recovery Review. 

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Tim Prudhoe, based in the firm’s British Virgin Islands office, in collaboration with English barristers Nathaniel P. Barber and Christopher J. Howitt, detail the process of asset recovery in the British Virgin Islands and Turks and Caicos in the most recent edition of The Asset Tracing and Recovery Review. 

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