White Collar Crimes, UK, Appeals

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

Cooley LLP on 3/12/2025

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

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

Skadden, Arps, Slate, Meagher & Flom LLP on 8/26/2024

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's 2020 Insights

Skadden, Arps, Slate, Meagher & Flom LLP on 1/30/2020

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

UK Court of Appeal Extends Privilege in Internal Investigations

Herbert Smith Freehills Kramer on 9/26/2018

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

Structuring Investigations In Light Of UK Privilege Case

Orrick, Herrington & Sutcliffe LLP on 9/14/2018

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

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

WilmerHale on 9/13/2018

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

UK Court of Appeals upholds litigation privilege for internal investigation documents

Eversheds Sutherland (US) LLP on 9/10/2018

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

Internal Investigations Protected By Privilege Once More?

Latham & Watkins LLP on 9/7/2018

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

Second Circuit Upholds Prosecutorial Discretion in Deferred Prosecution Agreements

Skadden, Arps, Slate, Meagher & Flom LLP on 9/20/2017

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

English Court Questions the Application of Litigation Privilege in Criminal Investigations

Skadden, Arps, Slate, Meagher & Flom LLP on 5/17/2017

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

If I could turn back prosecutorial time...

Morrison & Foerster LLP on 6/15/2016

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

White Collar Crimes › United Kingdom › Appeals

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