Global Investigations Review - The law and practice of international investigations

Investigator's Guide to New York

New york by david vascott 21115 1050

New York Investigator's Guide

Overlapping jurisdictions and competing interests are just some of the enforcement challenges faced by companies and their counsel in New York. Marieke Breijer investigates.

Other Highlights

Rakoff forces disclosure despite French blocking statute

SDNY Judge Jed Rakoff has forced several banks to disclose documents held in France, despite a risk of prosecution under France’s blocking statute.  

NYAG and Barclays clash over cooperation

New York State Attorney General Eric Schneiderman has accused Barclays of failing to cooperate with a dark pool investigation after the UK bank refused to produce two executives for questioning.

Second Circuit raises questions about foreign investigators’ discovery rights

A recent Second Circuit ruling affirms that foreign investigating magistrates can obtain information under section 1782, but leaves uncertainties about the ability of private parties and internal investigators to access documents under statute, lawyers say.

Bharara made prejudicial comments about defendant, lawyer says

Preet Bharara’s public comments about Sheldon Silver, a New York politician facing federal corruption charges, are prejudicial and inflammatory, a lawyer has told GIR.   

SEC tries to limit damage from Second Circuit insider trading ruling

The SEC has filed an amicus brief urging the Second Circuit to reconsider a recent ruling that makes insider trading cases harder to win for prosecutors.

Whistleblowers: what the UK should learn from the US

The UK’s financial regulators have dismissed the idea of US-style whistleblower reward programmes. But many lawyers believe they should still look across the Atlantic for ways to improve the country’s approach to whistleblowers.

Judgement calls and grey areas part II: Q&A

What is “enough” in an internal investigation? Can you calculate credit for cooperation? What factors suggest a monitor will be put in place? Just a few of the issues tackled in the GIR Live New York Q&A.