Global Investigations Review - The law and practice of international investigations

Comment & analysis

Navigating the pitfalls of trade secret protection under Swiss Law

Navigating the pitfalls of trade secret protection under Swiss Law

February 14, 2020, GIR

Saverio Lembo and Joel Fischer from Bär & Karrer explore trade secret protection in civil, criminal and extrajudicial proceedings in Switzerland. They discuss the dilemma that a company wishing to go to court may face: suing its opponent with the highest chances of success or protecting its secrets at all costs.

Multinational companies overlook Canada’s foreign corruption law at their peril

Multinational companies overlook Canada’s foreign corruption law at their peril

January 21, 2020, GIR

Despite increased attention on the Corruption of Foreign Public Officials Act in Canada, multinational companies with a Canadian footprint still tend to focus almost exclusively on the FCPA when assessing their foreign corruption law risk. Partner Graeme Hamilton and senior associate Omar Madhany at Borden Ladner Gervais in Toronto explain the critical differences that these companies should take into account.

The judicial oversight of DPAs: a multi-jurisdictional perspective

The judicial oversight of DPAs: a multi-jurisdictional perspective

November 29, 2019, GIR

Lawyers from Simmons & Simmons in Amsterdam, Soulez Larivière & Associés in Paris, Debevoise & Plimpton in London and Miller & Chevalier in Washington, DC consider the different degrees of judicial oversight in DPA models in their respective jurisdictions as well as some of the possible implications – both practical and legal – for multi-jurisdictional settlements.

What your investigations are missing

What your investigations are missing

November 19, 2019, GIR

Rick Barker at Accuracy in Milan explains why everyone is doing corporate investigations wrong.

FCA Enforcement process – too protracted to bear?

FCA Enforcement process – too protracted to bear?

November 04, 2019, GIR

The subject of a contested FCA civil enforcement action can expect it to take an average of over six years to reach a decision at the Upper Tribunal. The length of time it takes to reach a resolution potentially raises questions of fairness for the firm or individual concerned.

Gold trade compliance standards are weak, says Mark Pieth

Gold trade compliance standards are weak, says Mark Pieth

October 07, 2019, GIR

Mark Pieth has called for greater regulation of the gold mining industry, which he argues is plagued by lax compliance and ethics standards.

US Justice Department acts to increasingly enforce FARA while practitioners call for clearer rules

US Justice Department acts to increasingly enforce FARA while practitioners call for clearer rules

August 13, 2019, GIR

Bruce Zagaris at Berliner Corcoran & Rowe in Washington, DC argues that the increased enforcement of the Foreign Agents Registration Act along with enhanced enforcement tools and no significant clarification of the ambiguous provisions of the law will produce more enforcement actions and yet not more compliance.

Bribery offences under the new criminal code in Greece

Bribery offences under the new criminal code in Greece

August 05, 2019, GIR

Ilias Anagnostopoulos at Anagnostopoulos in Greece argues that the new criminal code provides more rational and proportional punishments than the previous law, and that the OECD’s recent criticisms seem unjustified.

Double jeopardy ruling sends “alarming” message

Double jeopardy ruling sends “alarming” message

July 19, 2019, Just Anti-Corruption

Kathleen Hamann at Pierce Atwood and Timothy Malley argue that a recent Supreme Court decision has shown a disquieting disregard for foreign jurisdictions, and could further provoke overseas enforcement agencies to compete against, rather than work with, US authorities.

What recent US and UK reforms to information sharing mean for cross-border investigations

What recent US and UK reforms to information sharing mean for cross-border investigations

July 18, 2019, GIR

Skadden partners Ryan Junck, Steve Kwok, William Ridgeway and Elizabeth Robertson argue that recent reforms in the US and UK make where companies store data increasingly important.