Foreign Corrupt Practices Act Investigations and Privacy Protection

Safeguarding Data and Avoiding Violations of U.S. and International Privacy Laws

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, August 11, 2009
Recorded event now available

This seminar will discuss data privacy protection issues in the context of FCPA investigations and offer steps to comply with international privacy laws.


The U.S. Department of Justice and Securities and Exchange Commission have ramped up FCPA enforcement. Employees working in other countries may assume a "when-in-Rome" attitude without realizing or understanding that such behavior may violate U.S. laws and regulations.

Thus, many companies must undertake internal investigations — or are subject to government investigations — into potential FCPA violations. Such investigations often take place in foreign countries, requiring the company to comply with that country's privacy laws.

In fact gathering and obtaining, reviewing and producing records, companies and counsel must be careful to comply with U.S. and other countries' privacy laws during investigations to avoid additional liability exposure.

Listen as our authoritative panel of attorneys examines the privacy law challenges inherent in FCPA investigations. The panel will outline best practices to comply with U.S. and international privacy laws and minimize the risk, costs and time involved.


  1. FCPA investigation
    1. Heightened enforcement
    2. Ongoing conduct that is of concern?
    3. Evidence preservation and fact development
    4. Difficulties in conducting due diligence
  2. Privacy/data protection issues
    1. Differing concepts of privacy
    2. Hurdles to gathering and use of information
    3. Privacy protection laws and their implementation
    4. Blocking statutes
  3. Strategies to limit exposure
    1. Understand and use potential exceptions
    2. Use of data protection laws, blocking statutes as bases for potential objections to evidence gathering and sharing by governmental authorities
    3. Filtering of data in the country
    4. In-country processing and review
    5. Redactions of identifying information to permit transfer
    6. Contractual provisions/safe harbor to permit eventual transfer of information
    7. Education/training
    8. Local counsel


The panel will review these and other key questions:

  • What types of privacy regulation do companies and counsel confront in FCPA investigations?
  • What key factors should counsel and companies consider when assessing relevant jurisdictions and identifying applicable privacy restrictions?
  • What steps can counsel take to protect data and minimize the likelihood of privacy law violations?


James T. Parkinson, Partner
Mayer Brown, Washington, D.C.

He focuses on white collar criminal defense litigation, corporate internal investigations and compliance counseling. He advises clients on the Foreign Corrupt Practices Act, including international investigations, enforcement defense, and compliance counseling.

Joseph R. Baker
Mayer Brown, Washington, D.C.

He is experienced in complex commercial litigation, including contractual, employment, and intellectual property disputes, antitrust and securities class actions and enforcement actions, and antitrust price fixing and merger investigations. He is a member of the firm’s Electronic Discovery and Records Management Practice, with a focus on cross-border data protection and e-discovery issues.

Daniel L. Regard, Managing Director
iDiscovery Solutions, Washington, D.C.

He is a nationally recognized electronic evidence and case management expert with 20 years experience in consulting to legal and corporate entities. He has both national and international experience advising on such issues as electronic discovery, computer forensics, database development, application software, data analysis, and repository services.


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