Comment & analysis
Congressional investigations and oversight of covid-19 relief likely to stretch beyond US borders
June 15, 2020, GIR
Kobre & Kim’s G Scott Hulsey, Lara Levinson and Hartley MK West discuss how the likely forthcoming US congressional investigations related to the CARES Act may impact the overseas documents, personnel, and information of US multinationals.
Courts wise up to privilege defence in consultancy report disclosure battles
June 10, 2020, GIR
Capital One has filed an objection to a 26 May ruling that a cybersecurity report into a 2019 data breach is not protected by work product doctrine, arguing that litigation was the “driving force” behind the document
Crisis-driven innovation in Brazilian internal investigation practice
June 02, 2020, GIR
Francisco Petros and Thaís Folgosi Françoso at FF Advogados in Brazil and Iris Bennett and Carlos André Galante Grover at Smith Pachter McWhorter in the US examine innovations in internal investigation practices in Brazil spurred by the covid-19 pandemic, the benefits of change, and provide tips to manage enforcement authorities' expectations.
Spoofing: Why does UK enforcement lag behind the US?
May 21, 2020, GIR
King & Spalding’s Zach Fardon, Aaron Stephens, Patrick Montgomery and Joanna Harris discuss the distinct legal frameworks applicable to “spoofing” cases in the US versus the UK, and why UK enforcement efforts may appear lacklustre compared to the US.
UK prosecutors’ task made easier by Court of Appeal decision
May 14, 2020, GIR
John Gibson and Tim Harris of Cohen & Gresser in London discuss the implications of the Court of Appeal’s recent judgment in Barton, which has definitively consigned the Ghosh dishonesty test to legal history, but in doing so, has replaced it with a test that is arguably unfair for defendants charged with dishonesty offences and which could lead to greater confusion for juries.
Tips for handling internal and government investigations when everyone is working remotely
May 05, 2020, Just Anti-Corruption
Debevoise & Plimpton’s Kara Brockmeyer, Andrew Levine and Philip Rohlik discuss how to handle internal investigations, including interviews and data collection, and government cooperation during the coronavirus pandemic.
Culture, compliance and crisis
May 05, 2020, GIR
Ropes & Gray partners Judith Seddon, Amanda Raad and Rosemarie Paul, and associate Tina Yu, explain why firms should remain focused on culture amid the coronavirus pandemic.
Covid-19: A warning to financial institutions not to neglect customer due diligence
April 08, 2020, GIR
The FCA issued a stark warning to financial institutions in a recent “Dear CEO” letter: do not neglect your customer due diligence during the covid-19 crisis. This is easier said than done and presents numerous challenges for banks of all sizes, Steve Smith and Nick Barnard at Eversheds Sutherland in London argue.
A view from the least corrupt country in the world: do we care too much about the perception of corruption?
March 30, 2020, GIR
Despite finishing top of Transparency International’s Corruption Perceptions Index, New Zealand’s anti-corruption laws are outdated, porous and rarely enforced, writes Meredith Connell’s William Fotherby and Stephen Rankin.
DPAs: worth the price of cooperation for companies fighting multiple fronts?
March 06, 2020, GIR
Alexandra Webster and Stephen Gentle at Simmons & Simmons in London examine the particular challenges that entering into a DPA with the SFO can create for companies defending related civil claims and regulatory investigations, and explore whether these agreements offer a route to reaching an overall outcome that is in the best interests of the company and its employees.