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Internal Investigations

Legal Privilege in Internal Investigations Concerning Anti-Money Laundering Obligations: a Swiss View

The Swiss Federal Supreme Court considered to what extent work products generated by external counsel in the course of anti-money laundering investigations are protected by legal privilege.

Hong Kong: Court Confirms a Heightened Need for Disclosure in Disqualification Proceedings Against Directors

The Court of First Instance of the Hong Kong High Court ordered the Securities and Futures Commission to produce relevant documents obtained in its investigations to respondents of disqualification proceedings.

Legal Advice Privilege: Risks for the Unwary in Singapore

If a company's lawyers interview the company's employees as part of an internal investigation, can legal advice privilege protect the contents of the interview and any notes taken by the lawyers from later disclosure to a regulator or in subsequent court proceedings?

The Right to Remain Silent: Canadian Employer Mishandles Workplace Investigation (and Pays for It!)

An Ontario court held that the employer did not have sufficient cause for dismissing an employee on the basis of his pending criminal charges and allegations by another employee of potentially related conduct, where the employer had failed to carry out a proper investigation into the matter.

1 Year After Yates Memo: The DOJ’s Yates-Lite Approach

Last month marked one year since Deputy Attorney General Sally Quillian Yates issued a much-discussed mandate directing federal prosecutors to focus on not just companies but also individual employees.

FCPA Pilot Program Sheds New Light on the Value of Self-Disclosure

The DOJ issued a Pilot Program1 that provides its latest answer to a critical question in FCPA practice: What benefits does a company receive for self-reporting potential FCPA violations?

Preventing FCPA Violations by your International Consultants, Representatives and Distributors

US companies and others subject to jurisdiction under the Foreign Corrupt Practices Act (FCPA) can be held vicariously liable for an FCPA violation committed on their behalf or at their direction by third partie

China Improves by 17 Places in Transparency International’s 2015 Corruption Perception Index

On 27 January 2016, Transparency International launched its latest 2015 Corruption Perception Index. What has changed in Asia-Pacific?

Focusing on Individual Accountability for Corporate Wrongdoing

Balancing corporate resolution of high-profile criminal and civil cases against companies for fraud and other misconduct with the prosecution of individuals has become a top policy priority for the U.S. Department of Justice (DOJ). On September 9, 2015, Deputy U.S. Attorney General Sally Yates issued a memo to all DOJ attorneys to provide guidance to prosecutors handling cases involving both companies and individuals. There are several significant developments directors should be aware of.

Corporate investigations: key issues for boards and in-house lawyers

With the steady increase of global regulation and enforcement across all industries in today's commercial world, the conduct by companies of independent and credible internal investigations is swiftly being recognised as a standalone area of expertise

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