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Editors

Harry Cassin
Publisher and Editor

Andy Spalding
Senior Editor

Jessica Tillipman
Senior Editor

Richard L. Cassin
Editor at Large

Elizabeth K. Spahn
Editor Emeritus

Cody Worthington
Contributing Editor

Julie DiMauro
Contributing Editor

Thomas Fox
Contributing Editor

Marc Alain Bohn
Contributing Editor

Bill Waite
Contributing Editor

Shruti J. Shah
Contributing Editor

Russell A. Stamets
Contributing Editor

Richard Bistrong
Contributing Editor

Eric Carlson
Contributing Editor

Bill Steinman
Contributing Editor

Andrew Reeves: Five lessons about privilege in internal investigations

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. 

Litigation privilege. Under English law, documents are protected by litigation privilege where adversarial litigation is reasonably in contemplation and the documents in question are created for the dominant purpose of use in that litigation.… Continue Reading

UK appeals court restores attorney-client privilege in internal investigations

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.”

The ruling reversed a High Court decision in May 2017 that interview notes created during an internal investigation weren’t protected by the legal professional privilege.… Continue Reading

Canada-owned mining company under investigation in Romania

Prosecutors in Romania launched a criminal investigation into foreign-controlled Rosia Montana Gold Corporation (RMGC), the company operating the largest open-pit gold mine in Europe. The investigation is focusing on money laundering and tax evasion, according to a report by the Organized Crime and Corruption Reporting Project here.… Continue Reading

Why no alarm bells back home over SEC Gold Fields probe?

Listing shares internationally often carries unwelcome regulatory and compliance risks. This was recently highlighted by the SFO’s corruption probe into the London-listed Kazakh miner ENRC, shortly to be delisted, as well as probes into Indonesia miner and London-listed Bumi plc, and most recently by the SEC’s investigation of South Africa’s Gold Fields, which has a secondary New York listing.… Continue Reading

Mining sector investigations spread to U.K.

The U.K. Serious Fraud Office said Thursday it has launched a criminal investigation of London-listed mining company ENRC plc.

‘The focus of the investigation will be allegations of fraud, bribery and corruption relating to the activities of the company or its subsidiaries in Kazakhstan and Africa,’ the SFO said in a statement.… Continue Reading