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Internal Investigations Litigation Privilege

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Legal Professional Privilege | Corporate Internal Investigations in the UK

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Privilege is a legal concept that can have a significant impact on internal investigations. It refers to certain types of communications or documents that are protected from disclosure because they are considered confidential...more

King & Spalding

Internal Investigations

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Many of our clients are increasingly faced with internal investigations, some with complex compliance or whistleblowing features. Our April client alert looks at some of the key considerations before embarking upon any...more

Kramer Levin Naftalis & Frankel LLP

UK Court of Appeal Extends Privilege in Internal Investigations

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

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

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

King & Spalding

Court of Appeal decision in SFO v ENRC: l itigation privilege wins the day (for now)

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In an eagerly awaited judgment, the English Court of Appeal has today overturned an earlier decision narrowing the scope of litigation privilege in criminal investigations in the UK. The Court of Appeal ruled that interview...more

WilmerHale

The Case of AL disclosure rights and privilege in the age of DPAs

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On 19 April 2018 the High Court handed down its judgment in the case R (on the application of AL) v Serious Fraud Office. The Claimant (AL) is a current defendant in criminal proceedings brought by the SFO....more

A&O Shearman

privilege after SFO v ENRC – Bilta and Jukes

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In two recent decisions, the English courts have grappled with the application of litigation privilege in the wake of Andrews J’s decision in SFO v ENRC. In Bilta v RBS, the court upheld a claim to litigation privilege over...more

Cadwalader, Wickersham & Taft LLP

High Court Decision Confirms the Availability of the Protection of Litigation Privilege in the Context of Internal Investigations

In a recent decision, the Chancellor of the High Court in Bilta v RBS confirmed that in certain circumstances litigation privilege may protect from disclosure documents created in the context of an internal investigation. The...more

Latham & Watkins LLP

Jukes: English Appellate Decision on Litigation Privilege in Internal Investigations

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The English Court of Appeal provides further guidance, approving ENRC, on when litigation privilege will not apply to information gathering materials. The English Court of Appeal (Criminal Division) has ruled that...more

Latham & Watkins LLP

English High Court Decision Reinforces Application of Litigation Privilege in Internal Investigations

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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

King & Spalding

UK Court Takes a “Realistic” and “Commercial” Approach to Litigation Privilege in the Context of Internal Investigations

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In a judgment handed down at the end of 2017, but only recently released, the High Court in London has determined - in Bilta (UK) Ltd v RBS - that interviews held with employees in preparation of a report intended to deter a...more

Latham & Watkins LLP

Bilta v. RBS: When Will Litigation Privilege Apply to Information Gathering in Internal Investigations

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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

A&O Shearman

High Court Rules That Litigation Privilege Can Apply in Respect of Internal Investigations

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In Bilta (UK) Ltd (in Liquidation) & Ors v Royal Bank of Scotland plc and Mercuria Energy Europe Trading Limited [2017] EWCH 3535 (Ch) (“Bilta v RBS”), the High Court upheld RBS’s claim of litigation privilege over documents...more

K&L Gates LLP

Litigation Privilege Revisited in the Context of Internal Investigations

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The recent English High Court decision in Bilta (UK) Ltd v Royal Bank Of Scotland Plc & Anor [2017] EWHC 3535 (Ch) (“Bilta”) addressed the scope of litigation privilege and cast doubt on some of the principles set out in the...more

Cadwalader, Wickersham & Taft LLP

Navigating the Currents – Legal Privilege Under English Law

On 8 May 2017 the High Court in London applied a strict approach to litigation privilege in the context of self-reporting investigations. It is the first case in which a court has considered whether litigation privilege is...more

Skadden, Arps, Slate, Meagher & Flom LLP

English Court Questions the Application of Litigation Privilege in Criminal Investigations

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

Dechert LLP

Preservation of Legal Privilege in Corporate Investigations – A Cross Border Comparison

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A D.C. Circuit decision (In re Kellogg Brown & Root, Inc.) has confirmed privilege over employee statements during in-house investigations. Can the world take comfort? This article examines privilege in the context of...more

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