Comment & analysis
Tesco accounting trial collapse highlights urgent need for DPA regime reform
February 21, 2019, GIR
In January, the last of the criminal trials into the 2014 Tesco accounting scandal collapsed. In yet another blow for the SFO, the case has exposed the unjustifiable, irreversible effects of DPAs, placing the prosecutor’s use of the settlement regime under the spotlight. Maria Cronin and Craig Hogg at Peters & Peters in London explore why Carl Rogberg’s acquittal may in fact be the start, rather than the end of the matter for the company.
Caught in the coordination trap – why increased international coordination in enforcement will likely lead to larger settlements
February 18, 2019, GIR
Mark Srere, Mukul Chawla QC and David Père at Bryan Cave Leighton Paisner argue that coordinated enforcement actions could see companies pay more in penalties and explain how to best avoid that scenario.
Tesco document disclosure ruling will make parties “think twice” about cooperating with SFO
February 13, 2019, GIR
A UK judge’s decision to force retailer Tesco to hand over documents in a civil case that it obtained from the SFO in a separate criminal matter may make third parties hesitate before voluntarily disclosing material to the authority, lawyers say.
In China, a perfect storm brews over US multinationals
January 25, 2019, Just Anti-Corruption
Brent Carlson and Colum Bancroft at AlixPartners explain why employees in China are becoming increasingly tempted to break the law.
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.