A former examiner for the Securities and Exchange Commission allegedly took “compromising” information about an SEC investigation into a private equity firm that hired him to be its managing director and chief compliance officer.… Continue Reading
Corporate investigations in Russia are conducted in a heavily regulated environment. They are further complicated by numerous practical challenges. Observing the legal and factual requirements is like navigating through a minefield.… Continue Reading
The English Court of Appeal’s decision in SFO v. ENRC has reset the boundaries of litigation privilege in investigations under English law.
Here’s a summary of the decision and some key practical takeaways. … Continue Reading
The UK Court of Appeal on Wednesday overturned a lower court’s ruling and restored the attorney-client privilege to protect internal investigations from discovery by the Serious Fraud Office.
In a case involving London-listed Eurasian Natural Resources Corporation (ENRC), the appellate court said those who retain counsel “to investigate the circumstances of an alleged offense” shouldn’t be “denied the benefit of litigation privilege.”… Continue Reading
In prior posts, we covered (1) how two former General Cable executives, now defendants in an SEC enforcement action, sought to compel Morgan Lewis (General Cable’s counsel) to share interview memoranda and notes, investigation reports and other materials from the firm’s internal investigation, and (2) how Judge Jonathan Goodman ruled in the defendants’ favor in part by holding that Morgan Lewis had waived work product protections through oral disclosures of interviews to the SEC.… Continue Reading
As discussed in our prior post, the SEC charged Mathias Francisco Sandoval Herrera and Maria D. Cidre, two former executives from General Cable, with accounting fraud in January 2017. In response, these defendants sought to compel General Cable’s counsel, Morgan Lewis, to produce certain materials related to the firm’s corresponding investigation for the company, including investigation interview notes, SEC meeting notes, and an investigation report.… Continue Reading
A fascinating discovery dispute arose recently in the Southern District of Florida for professionals focused on internal investigations and the negotiation of resolutions with the SEC and DOJ. It involved the SEC, two former executives from General Cable Corporation, and General Cable’s external counsel Morgan, Lewis & Bockius LLP.… Continue Reading
Lawyers: As a group, we think we’re pretty special. Servants of the law and all that. But in truth, there’s really only one thing that sets us apart from other professionals: the attorney-client privilege (yes, yes, we can also represent others in court, but that’s not the point of this post). … Continue Reading
A report released Wednesday by Transparency International Canada recommends the government consider adopting legislation to create a deferred prosecution agreement scheme as a way to increase transparency and promote compliance.
“In the Canadian context, DPAs, if properly designed and implemented, have the potential to support increased enforcement of anti-corruption laws and increased self-disclosure and compliance by corporations,” TI-Canada said.… Continue Reading
International investigations are the heart and soul of FCPA inquiries. As denoted by its title, the Foreign Corrupt Practices Act deals with bribes and offers to foreign officials and those of foreign state owned enterprises.… Continue Reading
In a speech this week to compliance professionals at the European Compliance and Ethics Institute in Prague, the general counsel of the UK Serious Fraud Office talked about attorney-client privilege in connection with SFO corruption investigations.… Continue Reading
The U.S. Court of Appeals for the District of Columbia Circuit ruled Tuesday that documents produced during an internal corporate investigation are protected by attorney client privilege and don’t have to be disclosed to a whistleblower who alleged the company took kickbacks from subcontractors during the Iraq war.… Continue Reading