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Brief Advice: The When, What, How and If of Disclosure

LexisNexis Martindale-Hubbell posed the following question to provide a variety of views on this important topic:
What should in-house counsel keep in mind when deciding if, when and how to make a  disclosure when an internal investigation reveals an issue?
In internal investigations involving foreign affiliates, differences between U.S. and foreign law present traps for the unwary. For example, instead of the attorney-client privilege, civil law countries recognize the “professional secret” principle. Under this principle, the client may not be able to waive confidentiality as is possible in the United States. Foreign privacy and data protection laws can also create hurdles to the production of documents to U.S. regulators. To preserve the investigation’s integrity, attorneys should educate themselves thoroughly and work with experienced local attorneys.