Global Investigations Review - The law and practice of international investigations

Comment & analysis

Culture, compliance and crisis

Culture, compliance and crisis

May 05, 2020, GIR

Ropes & Gray partners Judith Seddon, Amanda Raad and Rosemarie Paul, and associate Tina Yu, explain why firms should remain focused on culture amid the coronavirus pandemic.

Covid-19: A warning to financial institutions not to neglect customer due diligence

Covid-19: A warning to financial institutions not to neglect customer due diligence

April 08, 2020, GIR

The FCA issued a stark warning to financial institutions in a recent “Dear CEO” letter: do not neglect your customer due diligence during the covid-19 crisis. This is easier said than done and presents numerous challenges for banks of all sizes, Steve Smith and Nick Barnard at Eversheds Sutherland in London argue.

A view from the least corrupt country in the world: do we care too much about the perception of corruption?

A view from the least corrupt country in the world: do we care too much about the perception of corruption?

March 30, 2020, GIR

Despite finishing top of Transparency International’s Corruption Perceptions Index, New Zealand’s anti-corruption laws are outdated, porous and rarely enforced, writes Meredith Connell’s William Fotherby and Stephen Rankin.

DPAs: worth the price of cooperation for companies fighting multiple fronts?

DPAs: worth the price of cooperation for companies fighting multiple fronts?

March 06, 2020, GIR

Alexandra Webster and Stephen Gentle at Simmons & Simmons in London examine the particular challenges that entering into a DPA with the SFO can create for companies defending related civil claims and regulatory investigations, and explore whether these agreements offer a route to reaching an overall outcome that is in the best interests of the company and its employees.

Navigating the pitfalls of trade secret protection under Swiss Law

Navigating the pitfalls of trade secret protection under Swiss Law

February 14, 2020, GIR

Saverio Lembo and Joel Fischer from Bär & Karrer explore trade secret protection in civil, criminal and extrajudicial proceedings in Switzerland. They discuss the dilemma that a company wishing to go to court may face: suing its opponent with the highest chances of success or protecting its secrets at all costs.

Multinational companies overlook Canada’s foreign corruption law at their peril

Multinational companies overlook Canada’s foreign corruption law at their peril

January 21, 2020, GIR

Despite increased attention on the Corruption of Foreign Public Officials Act in Canada, multinational companies with a Canadian footprint still tend to focus almost exclusively on the FCPA when assessing their foreign corruption law risk. Partner Graeme Hamilton and senior associate Omar Madhany at Borden Ladner Gervais in Toronto explain the critical differences that these companies should take into account.

The judicial oversight of DPAs: a multi-jurisdictional perspective

The judicial oversight of DPAs: a multi-jurisdictional perspective

November 29, 2019, GIR

Lawyers from Simmons & Simmons in Amsterdam, Soulez Larivière & Associés in Paris, Debevoise & Plimpton in London and Miller & Chevalier in Washington, DC consider the different degrees of judicial oversight in DPA models in their respective jurisdictions as well as some of the possible implications – both practical and legal – for multi-jurisdictional settlements.

What your investigations are missing

What your investigations are missing

November 19, 2019, GIR

Rick Barker at Accuracy in Milan explains why everyone is doing corporate investigations wrong.

FCA Enforcement process – too protracted to bear?

FCA Enforcement process – too protracted to bear?

November 04, 2019, GIR

The subject of a contested FCA civil enforcement action can expect it to take an average of over six years to reach a decision at the Upper Tribunal. The length of time it takes to reach a resolution potentially raises questions of fairness for the firm or individual concerned.

Gold trade compliance standards are weak, says Mark Pieth

Gold trade compliance standards are weak, says Mark Pieth

October 07, 2019, GIR

Mark Pieth has called for greater regulation of the gold mining industry, which he argues is plagued by lax compliance and ethics standards.