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