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UK: Court of Appeal moves to protect Legal Professional Privilege

The Court of Appeal has handed down its much-anticipated judgment in the case of The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006, overturning the most controversial aspect of the first instance decision.

Spanish Supreme Court admits employee e-mails obtained in the course of an internal investigation...

A judicial decision has confirmed the admissibility as evidence, to justify a dismissal, of the emails of the dismissed employee obtained in the course of an internal investigation.

UK: Privilege in Internal Investigations

Our Compliance & Investigations team identified six aspects of any investigation that you will need to consider carefully in light of the recent Bilta judgment

Seizure of data and documents in internal investigations in Germany – Status quo and...

Irritations arose not only in Anglo-American countries, when public prosecutors and other authorities in Germany searched (cooperating) companies and their mandated law firms and confiscated a variety of documents and data. In this post, we analyze the status quo and provide conceptual suggestions for an investigations-related attorney-client privilege.

Legal Privilege in Internal Investigations: an Update from Switzerland

A Swiss Federal Criminal Court shined some light on the Swiss approach regarding the scope of the legal privilege.

UK Decision Provides Useful Reminder on Carefully Navigating Privilege Protection in Multi-Jurisdiction Investigations

The UK Serious Fraud Office obtained a declaration that certain documents prepared during investigations by solicitors and forensic accountants into the activities of a UK-incorporated multinational corporation were not subject to legal professional privilege.

German Federal Constitutional Court preliminarily prohibits prosecutors’ use of documents seized at investigating law...

On 26 July 2017 the German Constitutional Court ordered a restraint on the use of law firm seizures. The Court held that Munich Prosecutors could - for the time being - not assess the material they had seized in the course of a dawn raid at a law firm's office.

UK High Court rules that litigation privilege does not apply to documents produced in...

The UK High Court ruled in favour of the Serious Fraud Office finding that certain categories of documents produced during an internal investigation were not covered by litigation privilege.

UK High Court rules that litigation privilege does not apply to documents produced in...

The UK High Court ruled in favour of the Serious Fraud Office, finding that certain categories of documents produced by Eurasian Natural Resources Corporation Ltd during an internal investigation were not covered by litigation privilege.

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.