Discovery Considerations In Cross-Border Investigations

Companies that have become the subject of cross-border investigations are in a situation that is many respects beyond their control. With that as a given, it’s important that they address what they can control, in particular with respect to discovery. “Before commencing a review, you should ask yourself a series of fundamental questions,” write Neil Bloomfield and Tandy S. Mathis, in a Today’s General Counsel article. “How you respond to these questions will dictate how you respond to the government authority that has requested information.” One important consideration: Who is the regulator and what are its expectations? The knee jerk reaction after receiving an inquiry from a regulator in another country may be to begin processing and producing every relevant communication as quickly as possible in order to demonstrate your client’s willingness to cooperate. But most regulators don’t want everything and appreciate a more exacting approach. Keep in mined that what you provide to one regulator may have to be provided to others, and may be subject to production in civil litigation.