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Investigations in Developing Countries

By Jeffrey Sklaroff and Gregory Kehoe
December 31, 2015

Conducting an internal investigation into questionable company conduct is universally a stressful experience ' stressful for the organization and its employees, for the witnesses who are questioned, and for the attorneys who structure and carry out the exercise. The organization demands quick answers: What exactly was done, and who did it? Do we need to make a disclosure to regulators or shareholders and if so, when? What is the dollars-and-cents impact on our business?

Employees who have been notified that they need to answer questions from outside counsel are anxious about the impact on their employment status, wonder whether they should retain their own counsel, and are concerned about potential discipline and even civil or criminal liability. And the outside lawyers who have been retained to deliver answers on a compressed timetable are required to master vast amounts of data, review thousands of documents and prepare for and conduct multiple interviews.

Now, imagine having to handle all that in a remote location, thousands of miles and multiple time zones away, in a developing part of the world with logistical and infrastructure challenges, and with cultural, political and legal systems that differ markedly from those in the United States.

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