Comment & analysis
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.
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?
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
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
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.