Conducting cross-border investigations is something that we do quite a bit of at Radius Investigations. In their recent article published at insidecounsel.com entitled, "4 Strategies to Improve Cross-Border Investigation Readiness", authors Tiffany R. Moseley and Amy Conway-Hatcher write:
Much like military campaigns, cross-border investigations are inherently complex, driven by unique facts, shifting priorities and necessarily shaped by local terrain. Both also require decisive leaders ready to make quick decisions and lead large teams. And, just as there is no way to predict every aspect of a battle, there is no one-size-fits-all cross-border crisis plan or a fool-proof cross-border investigation checklist. General counsel cannot possibly predict and plan for all of the unexpected pitfalls bound to arise in a complex, dynamic cross-border investigation, but they can take steps to anticipate likely issues so that they are not caught flat-footed.
The most crucial step is to engage in a planning exercise with key stakeholders that accounts for the company’s structure, priorities, geographic footprint and operational risks, and that clearly identifies the internal and external assets available to protect and defend the company. Create a core list of cross-border issues the company likely will confront to plan for the identifiable challenges but, more importantly, discuss how your team can work together to respond quickly, efficiently and creatively to unexpected pitfalls. Ultimately, preparation—not a cookie-cutter plan—will help make your company mission-ready for the next cross-border crisis. Below are four key topics to jump-start the discussion with your team of stakeholders to increase your company’s cross-border investigation readiness.
We agree with the authors of the above article that a cross-border crisis relating to a multinational business will create many unexpected issues that can catch you off guard if you're not prepared. However, through proper planning and preparation you can assure the success of the investigations that will follow.