Global Investigations Review - The law and practice of international investigations

Comment & analysis

UK data protection laws may receive US treatment in post-Brexit world

UK data protection laws may receive US treatment in post-Brexit world

June 30, 2016, GIR

Following the UK’s decision on 23 June to leave the EU, lawyers have warned that a failure by the UK to bring its data protection laws in line with EU rules may create problems for companies under investigation.

GIR Live London: DPAs and privilege

GIR Live London: DPAs and privilege

June 29, 2016, GIR

The UK’s Serious Fraud Office concluded its first deferred prosecution agreement with Standard Bank in late 2015. At GIR Live London in April, panellists – including counsel to Standard Bank – scrutinised the case, from the importance of witnesses’ first accounts to scepticism on the part of the judiciary.

Microsoft points to RICO ruling in Ireland data case

Microsoft points to RICO ruling in Ireland data case

June 24, 2016, GIR

Microsoft's lawyers have invoked a US Supreme Court decision on the extraterritorial application of RICO to support its dispute with the Justice Department over access to emails stored on the company’s servers in Ireland.

Transocean: the collapse of Norway’s largest tax evasion case

Transocean: the collapse of Norway’s largest tax evasion case

June 22, 2016, GIR

Hanne Skaarberg Holen, counsel to Transocean, says she believes Norwegian prosecutors indicted one of her colleagues to maintain access to legally privileged information.

US appeals court: employees must cooperate or get fired

US appeals court: employees must cooperate or get fired

June 21, 2016, GIR

A US appeals court has reaffirmed the right of companies to fire employees who fail to cooperate in an internal investigation when the firm is under prosecutorial scrutiny.

Investigations and legal privilege: the price of your human rights

Investigations and legal privilege: the price of your human rights

June 13, 2016, GIR

Jonathan Peddie and Andrew Matheson at Baker & McKenzie in London examine the legal privilege issues raised by corporate internal investigations in light of recent policy pronouncements by UK enforcement agencies and last year’s widely reported PAG v RBS judgment.

GIR launches the Due Process Guide 2016

GIR launches the Due Process Guide 2016

June 03, 2016, GIR

Germany's public prosecutors top the rankings for the third-time running, while at the bottom end sits China’s State Administration for Industry and Commerce (SAIC) – one of the new entries to this year’s guide.

Due process comparison

June 02, 2016, GIR

      Clear Concerns presented at start of investigation? Productive early meetings? Privilege respected? Confidentiality? Lawyers present (and meaningful)?...

Brazil’s Administrative Council of Economic Defence (CADE)

June 02, 2016, GIR

GIR found a huge discrepancy in what people thought about the quality of due process in CADE cases this year. Some agreed with last year’s criticisms, while others said these were unfair. But in all cases people said little had changed over the past 12 months.

UK should think twice on extending corporate criminal liability

UK should think twice on extending corporate criminal liability

May 13, 2016, GIR

Jo Rickards and Johanna Walsh at Kingsley Napley in London argue that the costs of extending Section 7 of the UK Bribery Act will outweigh the benefits.