Topic: Privilege

Federal court approves Fraud Section’s privilege review process

The ruling is an important development for the Fraud Section’s new privilege unit.

08 December 2020

Prosecutors rebuff Theranos founder’s privilege claim over company documents

US prosecutors have argued that Elizabeth Holmes, who founded medical device startup Theranos, cannot shield documents prepared by the company’s former lawyers from being presented at her upcoming fraud trial.

24 November 2020

Lawyers encouraged to assert privilege during investigations in China

The best practice for handling privilege issues in the context of investigations by Chinese authorities is to follow Western privilege norms, a Shanghai-based expert has said.

17 November 2020

Singapore’s privilege system clarified by High Court ruling

Featured in Investigator's Guide to Singapore

A Singaporean ruling on a lawyer’s unsuccessful bid to protect data on his electronic devices will become “the first port of call” for privilege disputes in the city-state.

09 November 2020

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

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