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Internal Investigations Serious Fraud Office (SFO) Corporate Counsel

Latham & Watkins LLP

New SFO Director Sets Tone for Tenure

Latham & Watkins LLP on

Motivated by a “visceral reaction” to large-scale economic crime, Nick Ephgrave lays out vision for a bolder, more pragmatic, and more proactive agency. Whistleblowers, dawn raids, and cross-agency collaboration are all...more

Orrick, Herrington & Sutcliffe LLP

Further Guidance from the SFO on Deferred Prosecution Agreements ("DPAs")

The Serious Fraud Office (“SFO”) has recently updated its Operational Handbook to include a chapter on DPAs (the "Updated Handbook"). For companies under investigation, the question of whether or not to cooperate with the...more

Society of Corporate Compliance and Ethics...

[Event] 2020 Virtual Chicago Regional Compliance & Ethics Conference - May 1st, Chicago, IL

Our Virtual Regional Compliance Conferences provide updates on the latest news in regulatory requirement, compliance enforcement, and strategies to develop effective compliance programs. Watch, listen, and ask questions from...more

BCLP

SFO Corporate Co-operation Guidance – A flawed approach and a wasted opportunity

BCLP on

The much heralded Corporate Co-operation Guidance published by the Serious Fraud Office recently offers little comfort to corporates struggling with the dilemma of whether to self-report wrongdoing. Instead it offers a...more

Latham & Watkins LLP

SFO Update: Lisa Osofsky’s First 50 Days

Latham & Watkins LLP on

New SFO Director reaffirms her intentions and priorities for the agency. Fifty days have passed since Lisa Osofsky took over at the UK’s Serious Fraud Office (SFO), pledging to be a “different kind” of director....more

Bracewell LLP

Legal Professional Privilege: The New Status Quo

Bracewell LLP on

Legal professional privilege (“LPP”) has been a feature of the common law for centuries, developed through the public interest in protecting confidentiality of communications between a lawyer and its client. As a concept...more

Eversheds Sutherland (US) LLP

UK Court of Appeals upholds litigation privilege for internal investigation documents

In a much-anticipated appellate decision, the Court of Appeal of England and Wales has clarified English law regarding litigation privilege applicable to internal investigations, which has significant implications for US...more

Latham & Watkins LLP

English High Court Decision Reinforces Application of Litigation Privilege in Internal Investigations

Latham & Watkins LLP on

The decision indicates that company counsel should consider early how best to anticipate challenges to privilege claims over investigation materials. Introduction - A recent English High Court decision has important...more

Proskauer - Minding Your Business

Lawyers Beware: Battle of Legal Professional Privilege of Internal Investigation Continues in England and Wales

Last month, the Court of Appeal of England and Wales granted permission for Eurasian Natural Resources Corp. Ltd. (“ENRC”) to appeal the May 2017 decision by the High Court relating to a dispute over the legal professional...more

Bennett Jones LLP

Are Lawyers' Notes Privileged? - Lawyers' Interview Notes Created in Internal Investigation Ordered to Be Disclosed in U.K....

Bennett Jones LLP on

A recent English decision on privilege has cast doubt on the legal protection provided to lawyers' work product when assisting corporate clients with internal investigations. In The Director of the Serious Fraud Office v...more

Latham & Watkins LLP

English High Court Decision Further Curtails Application of Legal Privilege in Internal Investigations

Latham & Watkins LLP on

Corporations should take steps to ensure their internal investigations are not used against them in English litigation. A recent decision in an English court could have important consequences for internal corporate...more

Cadwalader, Wickersham & Taft LLP

Navigating the Currents – Legal Privilege Under English Law

On 8 May 2017 the High Court in London applied a strict approach to litigation privilege in the context of self-reporting investigations. It is the first case in which a court has considered whether litigation privilege is...more

Morrison & Foerster LLP

Internal Investigations In The UK: Legally Privileged?

The English High Court (the “High Court”) very recently handed down a highly controversial decision in a case between the Serious Fraud Office (SFO) and Eurasian Natural Resources Corporation Ltd (ENRC). The decision could...more

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