Global Investigations Review - The law and practice of international investigations

privilege

Hong Kong financial authority adopts UK-inspired cooperation guidelines

Hong Kong financial authority adopts UK-inspired cooperation guidelines

25 January 2018

Hong Kong’s financial authority has established a system to reward companies for cooperating with its investigations by borrowing a now-abandoned settlement framework from the UK Financial Conduct Authority.

SEC lawyers remain on case despite privilege wrangle

SEC lawyers remain on case despite privilege wrangle

17 January 2018

A US district court has allowed SEC lawyers to remain on a case despite New Jersey prosecutors repeatedly sending them evidence that breached attorney-client privilege.

Morgan Lewis lawyers to be cross-examined after adverse privilege decision

Morgan Lewis lawyers to be cross-examined after adverse privilege decision

03 January 2018

Morgan Lewis must hand over notes from witness interviews after a US district court ruled that the firm waived work-product privilege over the documents by summarising them in a 2013 oral presentation to the SEC.

Morgan Lewis’ PowerPoint presentation invites privilege wrangle

Morgan Lewis’ PowerPoint presentation invites privilege wrangle

15 November 2017

To prevent individuals in linked litigation from accessing an internal investigation Morgan Lewis has argued that a 2013 disclosure of findings to the SEC did not constitute a privilege waiver.

ENRC granted leave to appeal in landmark privilege case

ENRC granted leave to appeal in landmark privilege case

11 October 2017

New counsel will help ENRC appeal against a UK High Court decision that forced the company to hand over employee testimonies to the SFO, after the Court of Appeals granted the company a leave of appeal.

Ex-DOJ prosecutor: companies should fight for privilege

Ex-DOJ prosecutor: companies should fight for privilege

11 October 2017

Former FCPA Unit assistant chief Jason Jones says that companies should fight harder to protect privileged information from US authorities that has been compelled in other jurisdictions.

SFO director says DPAs require UK self-report

SFO director says DPAs require UK self-report

09 October 2017

David Green says companies should not expect a self-report to US authorities to help them receive a DPA in the UK.

Singapore court confirms privilege of hacked emails

Singapore court confirms privilege of hacked emails

28 June 2017

A Singapore appeals court ruled that emails published online from a cyberattack, and proposed as evidence in a case, still retain privilege. Lawyers say that the decision sets a precedent against future cyber attacks intended to expose confidential material.

A shifting landscape of privilege in internal investigations

A shifting landscape of privilege in internal investigations

23 June 2017

Skadden partners Elizabeth Robertson, Bernd Mayer, Keith Krakaur, Ryan Junck and Gary DiBianco consider the impact of recent court rulings in the UK, Germany and the US on privilege in corporate investigations.

ENRC judgment under the spotlight at FLA conference 

ENRC judgment under the spotlight at FLA conference 

16 June 2017

The SFO is using a ruling which narrowly defined litigation privilege to ask companies for confidential information, even though the case may be up for appeal.

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