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