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“Of particular interest to the general counsels was the realization that legal privilege as U.S. lawyers understand it – that communications between corporate executives and in-house lawyers are privileged and not discoverable -- does not apply in all foreign jurisdictions,” Ms. Flick observed. “The European Union, for example, does not accept this notion of legal privilege, and it is important for American companies to understand that communications internally across borders may be subject to different legal norms in the course of a foreign investigation, and how best to deal with this reality.”
Ms. Flick emphasized that advocacy should not be limited to the legislative bodies, but that influencing policy objectives should be approached on the executive and judicial fronts, as well. She noted that as the markets globalize, policymakers will be forced to harmonize their own regulatory landscape with that of other countries to benefit their own economies. “U.S. industry is global industry,” Ms. Flick concluded, “and it should insist upon being at the table where regulations and policies are conceived that will dictate global business.” This, of course, is where USCIB really provides value to its members.
Staff contact: Charlene Flick
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