Global Investigations Review - The law and practice of international investigations

Comment & analysis

Walmart: a reminder that privilege in investigations is fragile

Walmart: a reminder that privilege in investigations is fragile

August 08, 2014, GIR

In a recent decision, the Delaware Supreme Court ruled files and documents from an internal FCPA investigation conducted by Walmart into alleged bribery in five countries are not protected by attorney-client privilege and must be turned over to plaintiffs in a civil shareholder suit.

Data preservation in investigations: top tips

Data preservation in investigations: top tips

July 23, 2014, GIR

Data preservation, collection and review processes can be costly, time-consuming, and painstaking (if not at times painful) for a company undertaking an investigation. The requirements of various government agencies and data protection/privacy laws are often overlapping, competing and contradictory.

General Motors recall probe highlights corporate culture failure

General Motors recall probe highlights corporate culture failure

July 21, 2014, GIR

The General Motors ignition switch recall case illustrates the consequences of a failure to escalate serious matters to senior staff, as the company faces government investigations and a congressional probe.

The triple jeopardy conundrum

The triple jeopardy conundrum

June 05, 2014, GIR

The multiple investigations into bribery allegations surrounding UK-based pharmaceutical company GlaxoSmithKline raise questions as to whether double jeopardy principles might scupper countries’ enforcement efforts.

Summoned to appear: the increasing investigative impact of parliamentary select committees

Summoned to appear: the increasing investigative impact of parliamentary select committees

May 15, 2014, GIR

Sara George and Alan Ward at Stephenson Harwood in London consider the powers of UK parliamentary select committees to investigate, and the potential difficulties that being required to answer questions before a select committee may pose, for both the subjects of investigations and those investigating.

Dutch courage: self-disclosing in the Netherlands

Dutch courage: self-disclosing in the Netherlands

May 08, 2014, GIR

Self-reporting foreign bribery violations in the Netherlands is virtually unheard of, but recent cases indicate attitudes are changing. Marieke Breijer investigates.

Arbitrators and corruption: watchdogs or bloodhounds?

Arbitrators and corruption: watchdogs or bloodhounds?

May 08, 2014, GIR

GAR Live London yesterday considered whether arbitrators have a duty to investigate suspicions of corruption in a case even when neither side has raised the issue – or whether such matters are best left to national courts.

Zettabytes and the emerging regulatory risks – A Nightmare on Server Street

Zettabytes and the emerging regulatory risks – A Nightmare on Server Street

May 07, 2014, GIR

Derek Patterson, Yousr Khalil and Toby Duthie of Forensic Risk Alliance take a look at what the advent of big data and always-on electronic communications means for corporate investigations.

UK braced for Innospec follow-on damages trial

UK braced for Innospec follow-on damages trial

April 23, 2014, GIR

A US$40 million case against Innospec brought by former competitors in the UK and set for trial next month highlights the threat of competitor compensation lawsuits for companies facing bribery allegations – in addition to claims brought by shareholders and counterparties. Ruth Cowley, Dan Jarman and Andrew Reeves at Norton Rose Fulbright.

Would ADM have stood up in court?

Would ADM have stood up in court?

March 20, 2014, GIR

Lawyers and experts have cast doubt on the strength of the FCPA case against ADM and its subsidiaries. They believe if the case had gone to court, the authorities may have lost, raising the question - are companies in a lose-lose scenario when allegations such as this come to light?