Comment & analysis
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
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
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.
Too many cooks? NECC could create more problems than it solves
March 21, 2018, GIR
UK plans to create a new economic crime centre may create confusion among the authorities that are already tasked with fighting corruption, Alistair Graham and Chris Roberts of Mayer Brown argue.
SIL prosecution “makes mockery” of UK criminal process
March 12, 2018, GIR
White-collar defence lawyers in London say that the CPS’s decision to prosecute a small British office interior design company for failing to prevent bribery sends the wrong message to SMEs and could discourage self-reporting.
On the horizon: investigations in 2018
March 09, 2018, GIR
From privilege wrangles in Europe to corruption investigations in the Middle East, GIR speaks to leading investigations lawyers around the world on what to expect in 2018.
French DPAs lack crucial disgorgement tool
February 27, 2018, GIR
US or UK authorities may feel obliged to pursue parallel settlements to make up the perceived difference of French DPA fines, Antoine Kirry and Robin Lööf of Debevoise & Plimpton say.
The use of compelled testimony in criminal proceedings
February 23, 2018, GIR
Andrew Smith at Corker Binning asks whether there are any circumstances in which compelled testimony can be lawfully admitted against the compelled person under English criminal law.
Proposed US bill puts banks on collision course with incoming GDPR
January 19, 2018, GIR
A proposed US law requiring foreign banks to hand information to authorities within 10 days of a demand – or face being cut off from correspondent banks – would put financial institutions in direct conflict with EU data protection laws coming into force in May, lawyers say.