A Closer Look at Confidentiality and Privilege When Doing Business Abroad

    View Author February 2014
    If your company operates in multiple countries, the laws on the duty of confidentiality and the attorney-client privilege can pose challenging ethical and practical questions. What jurisdiction’s ethics laws govern your treatment of confidential matters when you are traveling abroad? Do lawyers with whom you are dealing have the same ethical duties as you? How do you preserve the attorney-client privilege when you are in a jurisdiction that may not recognize such a privilege? These are not merely academic questions; they are issues that arise whenever you are confronted with the necessity of sharing confidential information with lawyers in other nations. You need to be in a position to advise your management team and others in the company on whether foreign lawyers have a duty under their governing rules of professional conduct to preserve the confidentiality of your company’s information. This article, by Squire Sanders senior partner Kenneth C. Moore, senior attorney Steven A. Delchin and ICF International’s Mollie Roy, will guide you onto the right path by highlighting the key issues that you need to consider. And it will do so in the context of a real-world scenario.