Over the past several years, businesses have shifted their operations from regional-based to a global matrix model, establishing global reporting matrixes, global policies, global operational teams and global decision-making. Such changes have created many unique challenges for U.S. attorneys who work in-house at U.S. business operations.

U.S. attorneys who work in the multinational organization need to consciously identify and understand who the “client” is in the attorney-client relationship, and ensure that they maintain confidence with the client and protect the attorney-client privilege. They need to plan for the possibility that these entities may be sold, become adversaries in the future or become engaged in litigation or government inquires where documents containing their legal counsel may be the subject of discovery requests.

Many times smaller entities or global teams within a corporate family rely on the legal department within the parent or affiliate for advice, especially on legal matters that have global impact. U.S. legal departments are particularly relied upon because of extensive experience in managing substantial and complex U.S. litigation and governmental enforcement actions. Complicating this are global business teams within a corporate family who seek advice from a legal department from one entity and think they can apply that advice to all regions even though laws and regulations may significantly differ.