Chapter 1:
Managing The First Response. Introduction. How can a Global Crisis begin. Assessing
and Managing the Crisis. The First Response. Maintaining Flexibility Throughout
the Investigation. Preparation Is Key. Chapter II: Responding to Requests From
Authorities. Introduction. Compulsory Requests for Information. Requests for Voluntary
Disclosure. Conclusion. Responding to Requests from Authorities in the United
States. Compulsory Requests for Information in the United States. Responding to
Compulsory Requests. Limitations on Data Dissemination in the United States. Attorney-
Client Privilege and Attorney Work Product. Confidential Supervisory
Information. Suspicious Activity Reports. Responding to Requests from Italian
Authorities. Requests from the Public Prosecutor. Requests from Other Law
Enforcement Authorities and Regulatory Agencies. Responding to Requests from
Authorities in the United Kingdom. SF0 Powers to Compel Production—Section 2
Notices. FCA - Powers and Practice. Chapter III: Conducting an Internal
Investigation. Introduction. Establishing the Investigative Plan. Gathering
Background Facts. Document Preservation, Collection & Review. Conducting
Interviews. Reporting: Disclosing the Investigation Results. Potential
Responsive Actions. Cross-Border Considerations. Conclusion. Chapter IV:
Preserving Legal Privilege. Introduction. The United States. Introduction. What
Law Will Apply. What Are the Privileges). Waiver of Privileges. Steps to
Preserve Privilege During Government Investigations. England and Wales. Key
Differences Between English and U.S. . privileges. Choice of Law. Legal Advice
Privilege. Litigation Privilege. Working Papers Privilege. Loss of Privilege. France.
Professional Duty of Secrecy.. Exceptions to Professional Secrecy. Waiver of
Professional Secrecy. In-house Counsel. Germany. Attorneys’ Professional Duty
of Secrecy. Attorneys’ Right to Refuse Testimony. Protection of Communication
and Confidential Documents. Conclusions from Case Study. In-house Counsel,
Counsels’ Agents, and Privilege under EU Law. Italy. Professionals Entitled to
Claim Legal Privilege. Issues of Privilege Relating to Evidence in Italian
Civil Litigation. Legal Privilege Rights Under the Lawyer’s Code of Ethics. Legal
Privilege for In-house Counsel. Waiver of Legal Privilege. Maximizing
Protection of Confidentiality. Brazil. The Privileges. Waivers of Privilege. Russia.
Legal Privilege: General. Advocate Privilege. Exceptions to Advocate Privilege.
Waiver of Advocate Privilege. Responsibility & Consequences. Other
Jurisdictions. Recognizing the Potential Issues. Preserving Privilege in
Jurisdictions that Do Not Recognize Legal Privilege. Disclosure of Privileged
Information—Mitigating The Risk. Chapter V: Data Privacy & Blocking
Statutes. Introduction. European Union & Switzerland. Introduction. General
Principles. Processing Personal Data. Cross-border Transfers of Personal Data. The
French Blocking Statute. Swiss Data Privacy Rules and Blocking Statute. Data
Privacy, Professional Secrecy & Blocking Statutes in Brazil. Information
RequestedObtained by Brazilian Authorities and Third Parties. Investigation
of Criminal Organizations, Crimes Committed Abroad, and Terrorism. Professional
Secrecy. Internal Investigations. Data Privacy in Russia. Framework and Types
of Data. Recent amendments to PDL. Cross-border transfer of personal data. Employee
Data Protection. Chapter VI: Employee Rights and Privileges. Introduction. Employee
Rights and Privileges in the United States. Corporate Obligations to Advance
Attorney’s Fees When Employees Face. Legal Trouble. Director and Officer
(“D&O”) Insurance for Corporate Indemnification. Obligations. Whistleblower
Protections for Employees Employment-based Protections Compliance with European
Data Privacy Law Employee Rights and Privileges in the United Kingdom U.K.
Whistleblowing Regime Employee Rights and Privileges in Italy Employee Rights
and Privileges in Germany Employee Rights and Privileges in France What Can a
Company Do with Employee Communications Employee Rights and Privileges in
Brazil Employee Rights and Privileges in Russia Chapter VII: Cooperation
Introduction What Is Cooperation When Should a Company Cooperate) Considerations
for Determining Cooperation Risks Benefits of Cooperation Prevention Maintaining
a Record of Cooperation Practically Speaking, What Does Cooperation Look Like
To SettleNot To Settle Chapter VIII: Public Relations & Message
Management Introduction Assembling the Team Deciding Whether and When to Make Public
Statements After a Crisis Delivering the Message Public Relations & Message
Management in the U.S Delivering the Message Public Relations & Message
Management in Europe Chapter IX: Collateral Considerations . Introduction Planning
for Multiple Investigations from the Outset Consider Downstream Consequences of
Production and Settlement Navigating Simultaneous Requests from Multiple
Authorities Types of Follow-On Civil Litigation Further Considerations Checklists
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