Comment & analysis
Flashpoints between companies and individuals in corporate investigations
September 07, 2020, GIR
Michelle de Kluyver and Nichola Peters at Addleshaw Goddard present the company view and Andrew Smith and Jessica Parker at Corker Binning the individual perspective in a wide-ranging conversation considering how parties can manage conflicting interests between the parties.
The EPPO and the EU’s covid-19 rescue package – Italian anti-mafia report outlines future challenges
August 10, 2020, GIR
Debevoise & Plimpton lawyers Karolos Seeger, Robin Lööf, Alexandre Bisch, and Friedrich Popp consider the challenges facing the new European Public Prosecutor’s Office safeguarding the EU’s recent historic budgetary settlement in light of a recent Italian anti-mafia report, and question whether the EPPO’s current proposed budget is sufficient for it to live up to its potential as Europe’s main fraud enforcement body.
The G4S DPA: a more flexible approach to resolving SFO investigations?
July 23, 2020, GIR
The degree of oversight that has been imposed in G4S’s £44.5 million DPA has seen it described as “unprecedented and more stringent” than any that have gone before it, but companies should not be too quick to assume that the agreement sets a precedent for future cases, write Camilla de Silva and Tom Bowen at Simmons & Simmons in London.
G4S reviewer: no US-style monitorship yet
July 22, 2020, GIR
The SFO-selected reviewer included in the recent G4S resolution represents a significant progression of compliance review requirements as set out in previous DPAs but is still a long way off a US-style monitorship.
Wirecard saga exposes cracks in German financial regulation
July 02, 2020, GIR
German payment company Wirecard’s €2 billion accounting scandal illuminates some of the country’s supervisory shortcomings but criticism of the financial regulator could be misplaced.
Congressional investigations and oversight of covid-19 relief likely to stretch beyond US borders
June 15, 2020, GIR
Kobre & Kim’s G Scott Hulsey, Lara Levinson and Hartley MK West discuss how the likely forthcoming US congressional investigations related to the CARES Act may impact the overseas documents, personnel, and information of US multinationals.
Courts wise up to privilege defence in consultancy report disclosure battles
June 10, 2020, GIR
Capital One has filed an objection to a 26 May ruling that a cybersecurity report into a 2019 data breach is not protected by work product doctrine, arguing that litigation was the “driving force” behind the document
Crisis-driven innovation in Brazilian internal investigation practice
June 02, 2020, GIR
Francisco Petros and Thaís Folgosi Françoso at FF Advogados in Brazil and Iris Bennett and Carlos André Galante Grover at Smith Pachter McWhorter in the US examine innovations in internal investigation practices in Brazil spurred by the covid-19 pandemic, the benefits of change, and provide tips to manage enforcement authorities' expectations.
Spoofing: Why does UK enforcement lag behind the US?
May 21, 2020, GIR
King & Spalding’s Zach Fardon, Aaron Stephens, Patrick Montgomery and Joanna Harris discuss the distinct legal frameworks applicable to “spoofing” cases in the US versus the UK, and why UK enforcement efforts may appear lacklustre compared to the US.
UK prosecutors’ task made easier by Court of Appeal decision
May 14, 2020, GIR
John Gibson and Tim Harris of Cohen & Gresser in London discuss the implications of the Court of Appeal’s recent judgment in Barton, which has definitively consigned the Ghosh dishonesty test to legal history, but in doing so, has replaced it with a test that is arguably unfair for defendants charged with dishonesty offences and which could lead to greater confusion for juries.