Self-Disclosure on Both Sides of the Atlantic

20/10/2025 32 min Episodio 779
Self-Disclosure on Both Sides of the Atlantic

Listen "Self-Disclosure on Both Sides of the Atlantic"

Episode Synopsis

Join Tom Fox as he welcomes Simon Airey and Caitlin Sheard, partners at McDermott Will & Schulte, and both experts in the fields of investigation and compliance from both sides of the Atlantic. They take a deep dive into issues around self-disclosure on both sides of the Atlantic.

Simon Airey and Caitlin Sheard are leading experts in the field of investigations and compliance, each bringing a nuanced perspective to the complexities of self-reporting to the Department of Justice (DOJ) in the US and the Serious Fraud Office (SFO) in the UK. Simon, a distinguished barrister, underscores the incentives for companies to self-report but cautions that the process is fraught with complexities, particularly in the UK, where court approval is required for deferred prosecution agreements. Caitlin highlights the potential benefits of self-disclosure, such as possible declinations, but notes the associated costs, including time, legal fees, and reputational risks. Both experts emphasize the necessity of strategic planning and legal counsel to navigate the intricacies of international compliance, particularly in light of increasing enforcement activity and evolving legal landscapes.

Key highlights:


Incentives for Self-Disclosure in DOJ and SFO

Strategic Self-Disclosure Consideration for Legal Cases

Cross-Border Self-Disclosure Strategies for Companies

Global Challenges in Corporate Self-Disclosure Processes

Whistleblower Tips Driving Future FCPA Enforcement


Resources:

 McDermott, Will & Schulte

Simon Airey

Caitlin Sheard

Cross-Atlantic Impact: DOJ and SFO Self-Reporting and Enforcement Priorities

Tom Fox

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