Global Investigations Review - The law and practice of international investigations

Comment & analysis

French DPA guidelines – still a work in progress

French DPA guidelines – still a work in progress

July 17, 2019, GIR

New guidelines issued by French authorities are a step forward in the right direction but remain quite high-level and are at times inconsistent with stances taken by other law enforcement authorities which may disrupt future cross-border resolutions, Nicolas Brooke at Signature Litigation in Paris argues.

Swiss blocking statute: “The perfect catch-22”

Swiss blocking statute: “The perfect catch-22”

July 15, 2019, GIR

Companies based in Switzerland should take all the necessary steps to comply with Swiss law before they hand over information to foreign authorities during investigations or face the consequences, local lawyers say.

Navigating cross-border investigations involving Switzerland

Navigating cross-border investigations involving Switzerland

July 12, 2019, GIR

Companies and individuals are increasingly confronted with the challenge of navigating Swiss blocking statutes when trying to provide US enforcement authorities with materials based in Switzerland. Gibson Dunn & Crutcher’s F Joseph Warin, Jason H Smith and Susanna G Schuemann examine how practitioners can work with US authorities to address these situations.

How to conduct an investigation in the former Soviet Union

How to conduct an investigation in the former Soviet Union

June 21, 2019, GIR

FTI Consulting’s Maria Tsennykh examines why companies face unexpected cultural challenges when investigating misconduct in former Soviet Union countries, and what those businesses can do to address the problem.

How national and local professional rules can mess up an international criminal investigation

How national and local professional rules can mess up an international criminal investigation

June 17, 2019, GIR

Debevoise & Plimpton’s Frederick T Davis examines the problems lawyers can experience if they pay insufficient attention to local rules when conducting internal investigations abroad.

Lawyers pour scorn on Dutch prosecutors’ call for privilege reform

Lawyers pour scorn on Dutch prosecutors’ call for privilege reform

June 14, 2019, GIR

As a privilege dispute delays a corruption investigation into Shell, Dutch prosecutors have warned they will no longer be able to pursue large cases if current procedures to resolve such disagreements aren’t changed.

Too big to care? What should Big Tech learn from banking?

Too big to care? What should Big Tech learn from banking?

May 13, 2019, GIR

Tech companies need to implement effective compliance programmes to avoid increasing regulatory scrutiny and fines that could far exceed those imposed on banks following the financial crisis, Forensic Risk Alliance partner Rob Mason and director Simon Taylor argue.

Vale faces severe penalties over deadliest disaster in Brazil’s history

Vale faces severe penalties over deadliest disaster in Brazil’s history

April 30, 2019, GIR

An investigation into Brazil’s largest iron producer over a dam collapse that caused over 200 deaths could see the company face far tougher penalties than those caught up in Operation Car Wash.

The UK’s faltering fight to tackle AML compliance

The UK’s faltering fight to tackle AML compliance

April 16, 2019, GIR

Recent anti-money laundering prosecution statistics do not sit easily with the UK government’s assertions that it is successfully “cracking down” on economic crime, Eversheds Sutherland partner Zia Ullah and of counsel Ruth Paley say.

South African corruption in the spotlight – how will South Africa's prosecutors climb the mountain ahead of them?

South African corruption in the spotlight – how will South Africa's prosecutors climb the mountain ahead of them?

April 02, 2019, GIR

Cameron Dunstan-Smith, corporate crime and investigations director at Herbert Smith Freehills in Johannesburg, considers recent developments in South Africa’s anti-corruption efforts and discusses what obstacles lie ahead for the country’s authorities.