Curriculum Guide · Courses
Representing Corporations in Global Investigations, Enforcement Actions and Prosecutions by U.S. and Foreign Regulators (formerly: Representing Corporations in Cross-Border Investigations and Enforcement Actions by the SEC, DOJ and Foreign Regulators)
Professor Claudius Sokenu
LL.M Course 674 (cross-listed) | 2 credit hours
Against the backdrop of the recent banking and financial markets crisis, enforcement agencies around the world are increasingly collaborating to investigate allegations of accounting and financial fraud, insider trading, Ponzi schemes, bribery of foreign government officials, other securities law violations, tax evasion, money laundering, and antitrust violations. Accordingly, multinational and domestic companies with substantial overseas footprints are conducting more multijurisdictional and cross-border internal investigations in an effort to respond to the enforcement agencies’ investigations. These multijurisdictional and cross-border investigations tend to multiply the magnitude of complex investigatory issues that a company faces in government investigations by the Department of Justice, the Securities and Exchange Commission, the New York State Attorney General or other U.S. federal or state enforcement agencies. This course examines practice issues which arise when conducting a complex global investigation from both the Government and defense perspective. Through a series of case studies, students will critically examine the investigative process and the issues arising during cross-border considerations. Among many others, these issues include attorney-client privilege issues, data privacy laws or other blocking statutes (e.g., state secret laws), employee-friendly labor laws, language and cultural barriers, conflicting information technology platforms, document retention policies and practices that fall short of U.S. standards, and the application by U.S. government agencies of various international cooperation tools. Students will gain an appreciation of how to navigate these pitfalls and effectively conduct internal investigations in multinational corporations, either for purposes of self reporting or in response to government-initiated investigations or enforcement actions. Class participation is encouraged. Assessment is through take home exam and class participation.