Comment & analysis
The rise of anti-corruption whistleblowers in Latin America
December 06, 2018, GIR
Gary Giampetruzzi and Jonathan Stevens at Paul Hastings examine how whistleblowers in Latin America have become an increasingly important part of anti-corruption enforcement.
Preserving privilege in cross-border internal investigations
October 01, 2018, GIR
Benjamin D Singer at O’Melveny & Myers examines the effect of a recent US court decision on privilege waiver agreements and the German constitutional court's decision in July, which upheld the legality of a raid on Jones Day by Munich prosecutors.
UK Court of Appeal restores boundaries of litigation privilege
September 06, 2018, GIR
The head of Bryan Cave Leighton Paisner’s global investigations practice, Nathan Willmott, senior associate Clare Reeve, and associate Joseph Ninan, welcome the Court of Appeal’s recent decision in SFO v ENRC, but ponder whether the ruling makes the question of how legal advice privilege applies to regulatory internal investigations largely academic.
Why keywords don’t work
August 24, 2018, GIR
In a world of ever-expanding data, identifying the key documents to review up-front in an investigation is crucial. Rebecca Cronin from Inventus Solutions explains why keywords are not always your friend in this endeavour, and suggests some more effective ways to use them.
Maxwellisation: Necessary for an internal investigation, or going overboard?
August 13, 2018, GIR
Many firms are looking for ways to ensure individuals are treated fairly in an internal investigation. Linklaters partner Alison Wilson and managing associate Ben Packer argue that the much-maligned practice of “Maxwellisation”, borrowed from public inquiries, could offer a solution.
Debate on constitutionality of SEC judges to continue
July 02, 2018, GIR
The US Supreme Court’s failure to address whether or not SEC judges can be fired in line with the law means the constitutionality of in-house judges remains a “live issue”, lawyers say.
UK considers “long overdue” reform to search warrant laws
June 21, 2018, GIR
London-based lawyers have welcomed the Law Commission’s recommendations to modernise and streamline search warrant law in England and Wales, but said that some proposals need further refining.
Investigating corporate conduct: balancing the multiplicity of legal obligations and risk
June 21, 2018, GIR
Nichola Peters and Michelle de Kluyver at Addleshaw Goddard in London make the case for internal investigations interviews, arguing that it cannot be right to characterise a company as uncooperative if the reason for interviewing witnesses is that the company takes the full range of its legal obligations seriously.
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.