Comment & analysis
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
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
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
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.
French DPA guidelines – still a work in progress
July 17, 2019, GIR
New guidelines issued by French authorities are a step forward in the right direction but remain quite high-level and are at times inconsistent with stances taken by other law enforcement authorities which may disrupt future cross-border resolutions, Nicolas Brooke at Signature Litigation in Paris argues.
Swiss blocking statute: “The perfect catch-22”
July 15, 2019, GIR
Companies based in Switzerland should take all the necessary steps to comply with Swiss law before they hand over information to foreign authorities during investigations or face the consequences, local lawyers say.
Navigating cross-border investigations involving Switzerland
July 12, 2019, GIR
Companies and individuals are increasingly confronted with the challenge of navigating Swiss blocking statutes when trying to provide US enforcement authorities with materials based in Switzerland. Gibson Dunn & Crutcher’s F Joseph Warin, Jason H Smith and Susanna G Schuemann examine how practitioners can work with US authorities to address these situations.
How to conduct an investigation in the former Soviet Union
June 21, 2019, GIR
FTI Consulting’s Maria Tsennykh examines why companies face unexpected cultural challenges when investigating misconduct in former Soviet Union countries, and what those businesses can do to address the problem.
How national and local professional rules can mess up an international criminal investigation
June 17, 2019, GIR
Debevoise & Plimpton’s Frederick T Davis examines the problems lawyers can experience if they pay insufficient attention to local rules when conducting internal investigations abroad.
Lawyers pour scorn on Dutch prosecutors’ call for privilege reform
June 14, 2019, GIR
As a privilege dispute delays a corruption investigation into Shell, Dutch prosecutors have warned they will no longer be able to pursue large cases if current procedures to resolve such disagreements aren’t changed.