Topic: Privilege

UK SFO fights KBR to protect investigative powers

Featured in Investigator's Guide to the UK

The UK Serious Fraud Office has told the Supreme Court that it must be able to force foreign companies to hand over material stored overseas to effectively tackle corporate crime.

13 October 2020

FRC wins privilege dispute over Sports Direct tax documents

Sports Direct cannot claim privilege over three reports containing advice from Deloitte and sought by the UK’s accounting regulator because they were not created for the sole purpose of litigation, a UK judge has ruled.

05 October 2020

New DOJ privilege unit put to test

Magistrate judges have recently backed the DOJ’s newly formed Special Matters Unit over its handling of privilege, in a series of related cases.

30 September 2020

High Court clarifies privilege rules for foreign lawyers

Featured in Investigator's Guide to Russia

A judge overseeing a dispute between Russian oil company Tatneft and four Ukranian businessmen, including Igor Kolomoisky, has ruled that foreign lawyers’ communications are protected by legal professional privilege.

16 September 2020

DOJ prosecution tainted by privilege violations, former AGs tell appeals court

“The government in this case eviscerated the defendant’s attorney-client privilege and work-product protection,” former senior DOJ officials told the Eleventh Circuit in a healthcare fraud appeal. “Dismissal is the only remedy that can fix these pervasive violations.”

14 September 2020

DOJ moves to shore up privilege review practices

The DOJ sent guidance on conducting privilege reviews to prosecution offices across the country following a series of problematic court rulings. The move follows recent efforts by some DOJ units to reform their use of filter teams.

10 September 2020

SEC takes strong stance on remote testimony

For witnesses in potential jeopardy, speaking with the SEC on a video call can be especially daunting. GIR spoke to lawyers and an SEC official about how to navigate testimony now that remote interviews are here to stay.

20 August 2020

Defence lawyers view new Special Matters Unit as a chance to shape privilege policy

Defence lawyers said the new specialised privilege unit will allow them to have a greater influence on privilege-related policy in the Fraud Section.

21 July 2020

Third-party privilege reviews could solve an enduring problem at the DOJ

Orrick Herrington & Sutcliffe’s Guy Singer, Matt Moses and Dina Rezvani argue that the DOJ’s new Special Matters Unit lacks the independence to adequately resolve privilege problems in white-collar cases. They present an alternative solution.

17 July 2020

French bar adopts internal investigations guidelines

Featured in Investigator's Guide to France

Lawyers say that recent guidance on internal investigations approved by France’s National Bar Council illustrates the modernisation of the country’s anti-corruption system.

07 July 2020

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