Topic: Privilege

Pras Michel's former lawyer gets probation for sharing protected info with media

David Kenner, an 82-year-old celebrity lawyer from California, said he made a “terrible mistake” by sharing sensitive government documents protected by a court order with reporters from Bloomberg. He pleaded guilty to one misdemeanour count of criminal contempt of court.

26 January 2024

Former Mozambique minister says US violated his privacy by seizing his phone

Lawyers for Manuel Chang, who is accused of taking millions of dollars in bribes to approve loans funding maritime projects, say the FBI lacked probable cause to seize his cell phone and later misled a magistrate judge in seeking a “woefully overbroad” search warrant.

22 January 2024

Ex-wife of Miami investment adviser reaches forfeiture deal with US

Olympia De Castro locked horns with prosecutors for years after her ex-husband, Gustavo Adolfo Hernandez Frieri, was ordered to forfeit $12 million for taking part in a massive corruption scheme tied to Venezuela’s state oil company.

19 January 2024

Privilege: The US Perspective

Featured in The Practitioner’s Guide to Global Investigations - Edition 8

The attorney–client privilege is recognised in the United States as ‘the oldest of the privileges for confidential communications known to the common law’. It protects information shared between a lawyer and the client and may take many forms, from oral communications, to emails, to text messages, so long as each communication is undertaken in confidence for the purpose of seeking or rendering legal advice.

10 January 2024

Privilege: The UK Perspective

Featured in The Practitioner’s Guide to Global Investigations - Edition 8

The law of privilege confers on persons the right to refuse to produce a document or to answer questions – including by a regulator or prosecuting authority. The two subcategories of legal professional privilege are legal advice privilege and litigation privilege. There are basic principles that apply to these, particularly with regard to the regulatory and investigatory context, as well as the common interest privilege and privilege without prejudice.

10 January 2024

Australia

Featured in The Practitioner’s Guide to Global Investigations - Edition 8

Offences committed by ‘a person’ will, unless specifically excluded, include a corporation (including those offences punishable by imprisonment). At a federal level, criminal liability is generally established if both physical and fault elements are proven.

10 January 2024

France

Featured in The Practitioner’s Guide to Global Investigations - Edition 8

In France, corporations are regulated by judicial authorities – with investigative and prosecutorial functions – but also administrative and regulatory authorities. For the most part, jurisdiction between the authorities is dependent on subject matter, with numerous opportunities for cooperation and competition.

10 January 2024

Germany

Featured in The Practitioner’s Guide to Global Investigations - Edition 8

Against the current backdrop of the Ukrainian war, violations of European sanctions have increasingly become the focus of investigations, particularly by BAFA and local law enforcement agencies.

10 January 2024

Parallel Civil Litigation: The US Perspective

Featured in The Practitioner’s Guide to Global Investigations - Edition 8

Parallel civil proceedings may precede a criminal investigation, and many challenges can arise when a client must manage civil litigation at the same time as related parallel investigations. Companies must develop a clear, holistic strategy for navigating parallel investigation and litigation. Close coordination is also necessary between the company’s criminal and civil outside counsel to ensure consistency of approach and strategic alignment.

10 January 2024

Representing Individuals in Interviews: The US Perspective

Featured in The Practitioner’s Guide to Global Investigations - Edition 8

Risks and rights unique to individuals are key in determining if, and how, to proceed with an interview in internal and government investigations: only individuals face the ultimate peril of losing liberty, and only individuals have a constitutional right to refuse to answer questions. America’s founding fathers made clear that a potential witness has a clear choice: tell the truth or say nothing.

10 January 2024

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