It is important to be aware that in cross-border investigations different privilege standards may apply in different jurisdictions, and therefore work product formed during the course of the investigation may receive a different level of protection against future disclosure depending on where it is created and/or held.  In addition, certain jurisdictions have affirmative requirements to disclose knowledge or suspicion of certain types of criminal conduct; this may also be a factor that investigators will need to consider when approaching an investigation.



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