Global Investigations Review - The law and practice of international investigations

Comment & analysis

GIR launches the 2017 Due Process Guide

GIR launches the 2017 Due Process Guide

July 06, 2017, GIR

Twenty years after China regained control of Hong Kong, the phrase “one country, two systems” certainly rings true, with the Hong Kong Monetary Authority receiving an A- grade in this year's Due Process Guide while China’s State Administration for Industry and Commerce languishes at the bottom of the list for the second year running.

Can I keep more of my ill-gotten gains? 

Can I keep more of my ill-gotten gains? 

June 26, 2017, GIR

The recent US Supreme Court ruling in Kokesh v SEC concludes, once and for all, that the SEC disgorgement orders applied in many federal securities cases do constitute a penalty, are not simply remedial and are therefore subject to the five-year statute of limitations. Rik Workman at Forensic Risk Alliance explores the potential consequences of this ruling for FCPA cases. 

A shifting landscape of privilege in internal investigations

A shifting landscape of privilege in internal investigations

June 23, 2017, GIR

Skadden partners Elizabeth Robertson, Bernd Mayer, Keith Krakaur, Ryan Junck and Gary DiBianco consider the impact of recent court rulings in the UK, Germany and the US on privilege in corporate investigations.

Should Canada follow the UK or US DPA model?

Should Canada follow the UK or US DPA model?

June 13, 2017, GIR

Comparing the US, UK and the proposed Australian model for deferred prosecution agreements, Baker McKenzie partner Peter MacKay and senior associates Chris Burkett in Toronto and Henry Garfield in London make the case for the DPA system they argue Canada should adopt.

Friends and Benefits: US Supreme Court clarifies how insider trading liability under US law differs from UK law

Friends and Benefits: US Supreme Court clarifies how insider trading liability under US law differs from UK law

June 07, 2017, GIR

Following a recent Supreme Court decision, Jenner & Block partner Stephen Ascher and associate Ali Arain in New York and partner Christian Tuddenham and associate Tracey Lattimer in London explore the single most important difference between insider trading in the UK and in the US.

US casts a broader counter-terror net, and a prominent university is ensnared

US casts a broader counter-terror net, and a prominent university is ensnared

April 13, 2017, GIR

Kevin Walsh and Douglas Mateyaschuk at DLA Piper in New York discuss US prosecutors’ broadening interpretation and enforcement of the “material support and resources” provision of US anti-terrorism laws recently used to extract a US$700,000 settlement out of the American University of Beirut.

Interview notes and the inconsistencies between US and English privilege laws

Interview notes and the inconsistencies between US and English privilege laws

April 11, 2017, GIR

Reed Smith partner Jennifer Achilles in New York, and partner Rosanne Kay and associate Yousef Hatem in London, highlight issues facing global companies conducting internal investigations as a result of the different approaches to privilege taken in the US and UK.

Self-reporting after Rolls-Royce: is it worth it?

Self-reporting after Rolls-Royce: is it worth it?

April 03, 2017, GIR

After Rolls-Royce secured a landmark DPA without self-reporting, lawyers question the incentives for companies to disclose potential wrongdoing to the SFO.

SFO has uphill battle to extradite Euribor traders

SFO has uphill battle to extradite Euribor traders

February 27, 2017, GIR

A French court decision blocking an SFO extradition request highlights the difficulty the British authority faces in its attempt to get four other former Deutsche Bank traders to face trial over the same alleged Euribor misconduct.

Enforcement scorecard: Have we passed Peak Penalty?

Enforcement scorecard: Have we passed Peak Penalty?

February 24, 2017, GIR

With financial crisis-derived enforcement drawing to a close around the world, the sheer volume of colossal fines is likely to shrink fast, lawyers say.