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Looking Before You Leap in International Investigations

By Laurence A. Urgenson, Matthew J. Alexander and Jamie A. Schafer

International investigations are now commonplace for many white-collar criminal defense lawyers and, very often, following the facts means putting “boots on the ground” in a number of exotic and far-flung locales. In many (if not most) cases, these investigations will implicate foreign data privacy regimes, both entrenched and emerging.'

Historically, the risk of enforcement under these laws has proven to be largely theoretical. Consequently, data privacy has often been dismissed as a dry topic of legal discourse, with little impact for practitioners. Recent developments call this perception into question, particularly as U.S. regulators have more aggressively demanded that companies produce documents protected by data privacy regimes. A stark example of this is the Securities and Exchange Commission's (SEC or Commission) recent action against the Chinese subsidiaries of the “Big Four” accounting firms, for their refusal to produce documents ' including audit work papers pertaining to U.S.-listed Chinese companies ' because production would violate China's state secrets regulations.

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