Global Investigations Review - The law and practice of international investigations

Comment & analysis

Preserving privilege in cross-border internal investigations

Preserving privilege in cross-border internal investigations

October 01, 2018, GIR

Benjamin D Singer at O’Melveny & Myers examines the effect of a recent US court decision on privilege waiver agreements and the German constitutional court's decision in July, which upheld the legality of a raid on Jones Day by Munich prosecutors.

UK Court of Appeal restores boundaries of litigation privilege

UK Court of Appeal restores boundaries of litigation privilege

September 06, 2018, GIR

The head of Bryan Cave Leighton Paisner’s global investigations practice, Nathan Willmott, senior associate Clare Reeve, and associate Joseph Ninan, welcome the Court of Appeal’s recent decision in SFO v ENRC, but ponder whether the ruling makes the question of how legal advice privilege applies to regulatory internal investigations largely academic.

Why keywords don’t work

Why keywords don’t work

August 24, 2018, GIR

In a world of ever-expanding data, identifying the key documents to review up-front in an investigation is crucial. Rebecca Cronin from Inventus Solutions explains why keywords are not always your friend in this endeavour, and suggests some more effective ways to use them.

Maxwellisation: Necessary for an internal investigation, or going overboard?

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

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

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

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

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.