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Helena Franceschi and David Wishengrad Publish “Increasing Regulatory Protections in Foreign Markets” in the New York Law Journal

Date: 02/08/21

In August 2020, the Trump Administration issued a sweeping executive order concerning civil and administrative enforcement proceedings, supplementing an already-robust system of protections. Memorandum M-20-31 ordered all federal departments and agencies to provide specific protections and processes concerning the government’s burden of proof, the disclosure of evidence, the length of investigations, and the notification of parties under scrutiny, among other subjects. But beyond U.S. shores, regulatory processes and procedures run the gamut.

In a new article for the New York Law Journal, partners Helena Franceschi and David Wishengrad discuss how no matter the nation or specific agency, the best pathway to a successful resolution of a regulatory matter is to supplement the existing regulatory framework with additional processes, protections, communications, and disclosures – even where they have no formal precedent.

NYLJ - Increasing Regulatory Protections in Foreign Markets.pdf (pdf | 726.84 KB )