Global Investigations Review - The law and practice of international investigations

privilege

Courts wise up to privilege defence in consultancy report disclosure battles

Courts wise up to privilege defence in consultancy report disclosure battles

10 June 2020

Capital One has filed an objection to a 26 May ruling that a cybersecurity report into a 2019 data breach is not protected by work product doctrine, arguing that litigation was the “driving force” behind the document

Japan considers introducing attorney-client privilege

Japan considers introducing attorney-client privilege

30 April 2020

Japanese lawyers have welcomed the prospect of attorney-client privilege in the country’s judicial landscape but said it could be a long time before it applies to white-collar cases.

No widespread, wrongful redactions of ENRC’s documents, judge rules

No widespread, wrongful redactions of ENRC’s documents, judge rules

30 March 2020

An English judge has dismissed part of a disclosure application by Dechert, stating that there is no reason to believe there were systematic problems in Kazakh miner ENRC’s privilege claims over documents connected to a legal malpractice lawsuit.

Sports Direct wins partial victory in privilege wrangle

Sports Direct wins partial victory in privilege wrangle

20 February 2020

The ruling rejects the notion that email attachments are privileged simply because they are linked to privileged communications.

Independent counsel reviews “may effectively cripple” Dutch privilege claims

Independent counsel reviews “may effectively cripple” Dutch privilege claims

02 December 2019

The Dutch legal community is unsure whether employing a third party to review privilege issues, as happens in the UK, would work in the Netherlands.

Lawyers disappointed by lack of privilege reforms in German draft law

Lawyers disappointed by lack of privilege reforms in German draft law

12 November 2019

German lawyers are concerned that a proposed German corporate criminal liability law does not go far enough in protecting attorney-client communications.

Lawyers question judge’s peculiar ruling in Shell privilege case

Lawyers question judge’s peculiar ruling in Shell privilege case

30 October 2019

Legal experts in the Netherlands have said that a recent privilege ruling against Anglo-Dutch oil company Shell will likely not stand up in an appeals court.

New German law expected to transform corporate investigations

New German law expected to transform corporate investigations

30 August 2019

German lawyers have hailed a proposed law that drastically increases fines for corporate misconduct as a watershed moment in the country’s white-collar crime enforcement landscape.

Australia dismisses Glencore's Paradise Papers privilege claim

Australia dismisses Glencore's Paradise Papers privilege claim

14 August 2019

Australia’s High Court has thrown out Glencore’s attempt to block the country’s tax authority from analysing Paradise Papers documents.

Gauvain report "exaggerates catastrophic nature" of US data requests

Gauvain report "exaggerates catastrophic nature" of US data requests

09 July 2019

French lawyers have questioned how far proposals, contained in a recently published report, will go in helping local companies cope with intrusive foreign investigations.

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