English Court of Appeal Reaffirms Privilege Over Internal Investigation Documents Prepared in Contemplation of Litigation -
In a much anticipated decision, the Court of Appeal has reaffirmed legal privilege protection for...more
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
The English High Court has reconfirmed that litigation privilege can apply to information gathering in internal investigations. Specifically, lawyers must have engaged in the information gathering for the dominant purpose of...more
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
Proposed changes to corporate criminal offending should cause corporate dealmakers to review the scope of acquisition diligence, particularly in light of the UK Serious Fraud Office’s (SFO’s) increasing use of deferred...more
“Privilege is a fundamental human right guaranteed by the common law, and a principle which is central to the administration of justice. Once a document is subject to privilege, the privilege is absolute: it cannot be...more
Following a two-year investigation, Tesco PLC has announced that its subsidiary Tesco Stores Limited (Tesco Ltd) had agreed in principle the terms of a Deferred Prosecution Agreement (DPA) with the UK Serious Fraud Office...more
Deferred prosecution agreements (DPAs) became part of the prosecutors’ toolbox in 2014, allowing for settlement instead of bringing a case to trial. Recent statements from the Serious Fraud Office (SFO) indicate an increasing...more
We consider the implications for corporations under UK and US law, and the future of global criminal and civil investigations.
On November 26, 2015, the UK Serious Fraud Office (SFO) secured its first Deferred...more