Comment & analysis
Lessons to be learned from failed judicial reviews against the SFO
June 08, 2018, GIR
UK lawyers argue that while judicial reviews against the SFO can be advantageous even when they are ultimately lost, such claims should only be brought as a last resort.
Is a “following orders” defence viable? Revisiting the Nuremberg defence in the wake of Haspel’s confirmation
June 01, 2018, GIR
The CIA’s newest director claimed she was only following orders when she oversaw the CIA’s use of torture and the CIA’s destruction of evidence. Her “following orders” defence worked: she was never disciplined, and she was recently confirmed by the US Senate as the CIA’s director. But would this defence work for others facing criminal charges? What steps should organisations take when their employees claim a following orders defence? Brandon D Fox and Alice S Kim at Jenner & Block explore the defence’s potential perils and pitfalls.
Look to anti-corruption efforts for help in building human rights compliance programmes, say Covington lawyers
May 17, 2018, GIR
Covington & Burling partner Ian Hargreaves and associates Sarah Crowder and Hannah Edmonds-Camara explain how a company’s anti-corruption and human rights compliance teams can be more effective by working together.
Privilege and corporate responsibility: Are courts impeding public policy?
May 10, 2018, GIR
Yousuf Aftab and Gerald Chan argue that recent limitations on privilege protections risk disincentivising good corporate behaviour at a time when governments want companies to investigate human rights abuses.
XYZ judgment “final nail in the coffin” for internal investigation privilege claims
May 02, 2018, GIR
UK lawyers have said that a recent high court ruling that is largely seen as a victory for individual defendants further erodes claims of privilege tied to internal investigations.
The future of the investigations firm
April 30, 2018, GIR
Companies are increasingly finding themselves under scrutiny: from government enforcement actions, media probes, whistleblower claims and more. GIR invited six leading specialists to explore how firms should position themselves over the coming years to meet an increased demand for effective and prudent investigations.
SFO’s stance on interview recordings requires difficult GDPR balancing act
April 13, 2018, GIR
The SFO’s stated preference to have internal investigation interviews recorded may create problems for companies under a new data protection law that will come into force next month, UK lawyers have said.
Enforcement Scorecard: large foreign bribery fines are here to stay
April 11, 2018, GIR
With enforcement agencies worldwide now willing to cooperate on an unprecedented scale, the quantity of huge, Telia-style settlements appearing on GIR’s Enforcement Scorecard is likely to soar in the coming years.
Facebook, Cambridge Analytica, GDPR and reputational armageddon – how to get ahead of the curve
April 03, 2018, GIR
The Cambridge Analytica data scandal that has rocked Facebook is a wake-up call for personal data handlers, Toby Duthie and Frances McLeod, of Forensic Risk Alliance, and Tom Epps of Brown Rudnick argue.
Navigating the jungle of internal investigations
March 28, 2018, GIR
“The company is conducting a full internal investigation.” This public statement accompanies virtually every modern corporate scandal reported in the news media. But the law, and recommended best practice for conducting an internal investigation, has in the last year become either a “jungle” or a “minefield”, if the baffled lawyers of London are to be believed.