Global Investigations Review - The law and practice of international investigations

Comment & analysis

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?

SFO ups the ante with launch of DPAs

SFO ups the ante with launch of DPAs

February 24, 2014, GIR

From 24 February, the UK’s Serious Fraud Office (SFO) has a new weapon in its armoury: deferred prosecution agreements (DPAs). For the first time companies will be able to settle allegations of criminal conduct in the UK – GIR asked UK lawyers to identify the most pressing issues surrounding the new mechanism.

Brazil’s anti-corruption law – expensive and ineffective?

Brazil’s anti-corruption law – expensive and ineffective?

February 21, 2014, GIR

This month, the Clean Company Act came into effect in Brazil, making legal entities liable for corrupt acts for the first time, and dramatically increasing the government’s powers to investigate and punish corruption. But confusion on how the law can be applied and criticisms of the enforcement structure have dogged the law’s first few days. Clare Bolton reports.

Merkel backs separate EU internet infrastructure

Merkel backs separate EU internet infrastructure

February 19, 2014, GIR

Germany’s Chancellor Angela Merkel has suggested preventing personal data from being automatically transferred to the US – but observers tell GIR that technology and data protection laws already stop this from happening.

Investigations in 2013: a year in review

Investigations in 2013: a year in review

February 14, 2014, GIR

A decade-long trend for increasing enforcement of foreign bribery, financial services and competition laws has shown no sign of abating – 2013 was a busy year. Aggressive enforcers, new legislation and heightened awareness of the importance of compliance programmes have fed law firms’ expanding investigations practices plenty of work.

New Brazil law leaves questions unanswered

New Brazil law leaves questions unanswered

February 13, 2014, GIR

Thousands of prosecutors and authorities can enforce Brazil’s new anti-corruption law, causing concerns about how it will be enforced. The Clean Companies Act could be a major development in the fight against corruption but what it means for companies is still unclear.