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The Perils of Immunity in the Era of Globalization
Twenty years ago, a defense attorney might have sighed with relief to hear an Assistant U.S. Attorney (AUSA) say that a client was only a “witness,” or would not be prosecuted, or would be immunized in return for truthful cooperation in the government's investigation. These days, not so fast. In our digitized-globalized era, assurances from one jurisdiction may not insulate a client from prosecution across the country or even around the globe.
Examples abound of the ever-increasing collaboration between state, federal and foreign law enforcement authorities: parallel Foreign Corrupt Practices Act and bribery investigations here and abroad; U.S. prosecution of foreign nationals like Canadian media magnate Conrad Black for “honest services fraud” or of three British bankers in connection with the Enron meltdown; and the intensified investigations of U.S. businesses by European antitrust authorities, just to name a few. Protecting one's client has become a multi-dimensional chess game. Accordingly, if your client has leverage to bargain with prosecutors, take care to negotiate protection that matches the jurisdictional risk profile of the suspect conduct.
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When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.