Document Type
Article
Publication Date
Spring 2022
Abstract
In International White-Collar Crime and the Globalization of Internal Investigations Ten Years Later, Lucian E. Dervan revisits and reassesses the framework first articulated in his 2011 article examining the risks and structural challenges of cross-border internal corporate investigations
2StetsonBusLRev120 . The article evaluates how four core areas—selection of investigative counsel, cross-border data collection and transfer, employee interactions in varied labor law environments, and disclosure and settlement strategies—have evolved over the past decade in response to intensified global enforcement cooperation, expanding data privacy regimes, and shifting geopolitical dynamics. Dervan demonstrates that while practitioners have grown more sophisticated in navigating privilege conflicts, blocking statutes, and data protection laws such as the GDPR, new uncertainties have emerged, including aggressive challenges to attorney-client privilege, national security and state-secrets regimes, and the geopolitical risks of multinational investigations. The article further analyzes the global proliferation of Deferred Prosecution Agreement (DPA) regimes and their implications for international enforcement convergence. Ultimately, the piece argues that cross-border investigations now operate within a dual enforcement environment characterized by increasing transnational coordination alongside resurgent nationalism, requiring heightened strategic awareness and jurisdiction-specific expertise.
Recommended Citation
Lucian E. Dervan, International White-Collar Crime and the Globalization of Internal Investigation Ten Years Later, 2 Stetson Bus. L. Rev. 120 (Spring 2023).
