Global Investigations Review - The law and practice of international investigations

Comment & analysis

UK DPAs turn five

UK DPAs turn five

March 05, 2019, GIR

Five years on from the introduction of DPAs in the UK, lawyers speaking to GIR have said how “horrendously difficult” they can be to wrap up and share their thoughts on improving the process.

Hong Kong ruling affirms SFC’s right to share evidence with foreign regulators

Hong Kong ruling affirms SFC’s right to share evidence with foreign regulators

February 25, 2019, GIR

Lawyers said the ruling also confirms that individuals and companies have a right against self-incrimination when responding to a notice that compels them to produce information.

Tesco accounting trial collapse highlights urgent need for DPA regime reform

Tesco accounting trial collapse highlights urgent need for DPA regime reform

February 21, 2019, GIR

In January, the last of the criminal trials into the 2014 Tesco accounting scandal collapsed. In yet another blow for the SFO, the case has exposed the unjustifiable, irreversible effects of DPAs, placing the prosecutor’s use of the settlement regime under the spotlight. Maria Cronin and Craig Hogg at Peters & Peters in London explore why Carl Rogberg’s acquittal may in fact be the start, rather than the end of the matter for the company.

Caught in the coordination trap – why increased international coordination in enforcement will likely lead to larger settlements

Caught in the coordination trap – why increased international coordination in enforcement will likely lead to larger settlements

February 18, 2019, GIR

Mark Srere, Mukul Chawla QC and David Père at Bryan Cave Leighton Paisner argue that coordinated enforcement actions could see companies pay more in penalties and explain how to best avoid that scenario.

Tesco document disclosure ruling will make parties “think twice” about cooperating with SFO

Tesco document disclosure ruling will make parties “think twice” about cooperating with SFO

February 13, 2019, GIR

A UK judge’s decision to force retailer Tesco to hand over documents in a civil case that it obtained from the SFO in a separate criminal matter may make third parties hesitate before voluntarily disclosing material to the authority, lawyers say.

In China, a perfect storm brews over US multinationals

In China, a perfect storm brews over US multinationals

January 25, 2019, Just Anti-Corruption

Brent Carlson and Colum Bancroft at AlixPartners explain why employees in China are becoming increasingly tempted to break the law.

The rise of anti-corruption whistleblowers in Latin America

The rise of anti-corruption whistleblowers in Latin America

December 06, 2018, GIR

Gary Giampetruzzi and Jonathan Stevens at Paul Hastings examine how whistleblowers in Latin America have become an increasingly important part of anti-corruption enforcement.

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.