Skip to main content

Representing Organizations in Multinational Investigations: A Comparative U.S.-EU Discussion

Washington, DC

Will Barry will serve as moderator and Mark Rochon will be a panelist for the American Bar Association (ABA) Anti-Corruption Committee event "Representing Organizations in Multinational Investigations: A Comparative U.S.-EU Discussion" on November 13, 2024. Considering American Bar Association (ABA) Model Rule 1.13 (Organization as a Client) and relevant EU/Dutch standards, a panel of experienced practitioners will discuss what it means to represent an organization in multinational investigations, how to manage reporting lines between company personnel and external counsel - especially during (internal) investigations where senior management may be implicated, and how to handle related issues, such as joint defense agreements or joint representations of companies and its personnel. Other topics include:

  • Should law firms represent the company, the board, or the audit committee, and what do those differences mean in practice? 
  • How to navigate representations of companies with shareholders whose interests overlap significantly, but not entirely? 
  • How and when should joint defense agreements be used and what are the related pitfalls? 
  • Is it possible to navigate representing a company and related personnel, given potential conflicts of interest?