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White Collar Crimes › Appeals › United Kingdom

Cooley LLP

Money Laundering: The UK Supreme Court’s Decision in El-Khouri Changes Scope of Extraterritoriality Under POCA

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In the recent judgment in El-Khouri v. Government of the United States of America, a case concerning the operation of the double criminality rule in the context of extradition, the UK Supreme Court made a seminal ruling on...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU Court Upholds Commission’s Power To Demand Data Held by Foreign Companies

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In Nuctech Warsaw (T-284/24), the EU Court of Justice held that EU subsidiaries can lawfully be required to provide access to email accounts and data held by their overseas parent company. The ruling involved the following...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

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Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

Herbert Smith Freehills Kramer

UK Court of Appeal Extends Privilege in Internal Investigations

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Brief Comments on The Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006 - On Sept. 5, 2018, the Court of Appeal of England and Wales handed down a unanimous...more

Orrick, Herrington & Sutcliffe LLP

Structuring Investigations In Light Of UK Privilege Case

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The English Court of Appeal's much - anticipated decision on legal professional privilege in Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Ltd. contains mixed news for companies conducting...more

WilmerHale

Making Privilege Whole Again: Alternative Facts or a Restatement of Principle?

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On 5 September the Court of Appeal handed down its judgment in the long-awaited, and much discussed, case of SFO v ENRC. Justice Andrews’ ruling in the lower court, which rejected ENRC’s claim to litigation privilege, had...more

Eversheds Sutherland (US) LLP

UK Court of Appeals upholds litigation privilege for internal investigation documents

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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

Internal Investigations Protected By Privilege Once More?

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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

Skadden, Arps, Slate, Meagher & Flom LLP

Second Circuit Upholds Prosecutorial Discretion in Deferred Prosecution Agreements

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On July 12, 2017, the U.S. Court of Appeals for the Second Circuit ruled in United States v. HSBC Bank USA, N.A. that a federal district court does not have the authority to supervise the implementation of a deferred...more

Skadden, Arps, Slate, Meagher & Flom LLP

English Court Questions the Application of Litigation Privilege in Criminal Investigations

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On 8 May 2017, the English High Court of Justice handed down judgment in The Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Ltd,1 which could significantly limit the application of litigation...more

Morrison & Foerster LLP

If I could turn back prosecutorial time...

Morrison & Foerster LLP on

The case of R v AIL, GH and RH, one of the first the Court of Appeal has considered in 2016, is an interesting one from the perspective of all white-collar crime practitioners. The Court of Appeal had to consider whether it...more

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