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The Guide to International Enforcement of Securities Laws: Edition 2, Representing Individuals in Cross-Border Investigations Chapter

Global Investigations Review

In their chapter of The Guide to International Enforcement of Securities Laws, Edition 2, authors William Barry, Paul Leder, and Katherine Pappas explore critical issues for individuals and their counsel in cross-border, multi-jurisdictional, regulatory investigations. Such matters are becoming more of the norm than the exception as authorities in Europe, Latin America, and Asia increasingly conduct investigations and bring prosecutions in matters involving securities fraud, anti-corruption, and money laundering. "Counsel must develop and execute a coordinated, multi-jurisdictional strategy that capitalizes on the differences in legal powers, jurisdiction, and approach among relevant government authorities in a way that maximizes the client's options and leverage while minimizing any potential adverse effects on the client," the authors wrote, adding that "consideration must be given to a range of issues, including invocation of individual privileges and evaluation of jurisdictional exposure, as well as a host of decisions related to the client's personal objectives."