Global Investigations Review - The law and practice of international investigations

Comment & analysis

Lessons to be learned from failed judicial reviews against the SFO

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

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

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?

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

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

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

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

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

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.