Globalization has connected people, companies, and products across national borders more than ever. Goods and services developed in one part of the world are readily available in other parts of the world and technology is increasingly and seamlessly connecting markets globally. But as globalization has created a true international marketplace, regulators and law enforcement agencies have increasingly extended their reach beyond national boundaries to police the global arena. The U.S. government in particular has aggressively sought to regulate and enforce U.S. laws against foreign nationals and companies, even in circumstances where a substantial portion of the scrutinized conduct occurs outside U.S. jurisdiction. Foreign regulators are similarly ratcheting up enforcement efforts against U.S. individuals and entities. As the U.S. and other countries seek to regulate the same individuals, entities, and conduct, in increasingly similar ways, parallel international investigations and enforcement have been on the rise.

Our increasingly global regulatory and enforcement environment presents unique challenges to companies that operate trans-nationally. Companies with global reach now face a web of overlapping domestic and foreign regulatory requirements. Companies must now also frequently defend against investigations and proceedings commenced by multiple regulators across multiple jurisdictions. This environment also presents unique difficulties for defending against cross-border investigations and enforcement, as applicable laws concerning data privacy, labor and employment, and the attorney-client privilege, among other areas, vary by jurisdiction and need to be reconciled.