Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast All Things Investigations. In this podcast host Tom Fox and members of the Hughes Hubbard Anti-Corruption & Internal Investigations practice group will highlight some of the key legal issues involved in white collar and other investigations, both domestically and internationally. In this first episode, I visit with Mike Huneke on discovery dispute in the US v. Coburn criminal action.

Mike Huneke is a Hughes Hubbard & Reed partner who has spent his career in both Washington, DC and Paris, France. For his entire 17-year career Mike has been practicing in the anti-corruption space, on everything from investigations and government resolutions, acting as “buffer counsel” to companies subject to compliance monitors, third party and M&A due diligence, and proactive risk assessments and second-level compliance reviews. Most recently, Mike and his Hughes Hubbard colleagues were recognized for their role on the Airbus case by Global Investigations Review.
Key areas we discuss on this podcast are:

• Individual defendants are wildcards in matters involving privilege claims in FCPA investigations.
• The dangers of the over-assertion of privilege to the DOJ and to the Courts.
• The false comfort of “oral” disclosures.
• The “personal jurisdiction” discussion by the Court.
• Beware civil discovery in criminal cases.

Resources
Hughes Hubbard & Reed website
Mike Huneke bio
Anti-Corruption and Internal Investigations Practice Group
US v. Coburn, Judge McNulty decision