Asian
briefings
a special supplement to ACC Docket
graciously sponsored by UBIC, Inc.
Interesting in authoring for Asian
Briefings Visit www.acc.com/
docket/ edguide.cfm, or contact
Associate Editor Joshua Shields at
j.shields@acc.com.
1 Challenges for Corporate Counsel When
Facing Cross-Border Discovery and
Investigation Requests
By Elizabeth Erickson, UBIC, Inc.
6 How to Brief Analysts and Comply with
Australia’s Continuous Disclosure Law
By Deanna Constable, Lander & Rogers
Challenges for Corporate Counsel
When Facing Cross-Border Discovery
and Investigation Requests
By Elizabeth Erickson, UBIC, Inc., elizabeth_erickson@ubicna.com
Technology today allows information
to travel at the speed of business —
and makes “borders” as we historically
knew them, meaningless. Virtual teams
and cross-functional collaboration are
the norm, and the results have been ex-
tremely positive for business. Work can
be done around the globe and around
the clock with relative ease. Skills and
experience, rather than geographic
location, are the primary factors
when assembling work teams. That all
sounds great… except when the work
performed by that geographically di-
verse, cross-functional team is needed
to respond to a discovery request or
regulatory investigative demand in
the United States. The ever-growing,
complex web of privacy protection
laws around the world directly impacts
how multinational corporations can
comply with such demands. The risk
of running afoul of privacy laws in the
name of compliance with a US legal
obligation is very real and often un-
anticipated. Knowing where the risks
exist and crafting practical processes to
both comply with US obligations and
meet international privacy standards
are some of the largest challenges
facing the multinational corporation
today. As with almost any legal risk, it
is important to be prepared.
Why it matters
More than 70 countries around the
world currently have privacy laws in
place, yet there are differing requirements and penalties imposed for
violations. The stakes are high: Violations can carry severe penalties, both
civil and criminal. Depending on the
country, these sanctions may take the
form of fines or imprisonment. Noncompliant companies and their officers
and directors face potential personal
criminal liability, even if the violation was unintentional. For example,
