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Internal Investigations Royal Bank of Scotland

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

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

Latham & Watkins LLP on

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

K&L Gates LLP

Litigation Privilege Revisited in the Context of Internal Investigations

K&L Gates LLP on

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

Akin Gump Strauss Hauer & Feld LLP

In Principle: 10 Things Authorised Firms Need to Know for 2018 – The World of Financial Regulation as the UK Prepares to Exit the...

There is much for authorised firms to consider in the year ahead. Firms have been through the intensive period of the enactment of the second Markets in Financial Instruments Directive (MiFID II), but must now step up their...more

Latham & Watkins LLP

UK Decision Highlights Potential Privilege Problems in Cross-Border Investigations

Latham & Watkins LLP on

7 steps companies can take to maximize privilege protections under US and English law. Key Points: ..In a recent case, an English court stated that privilege did not apply to notes of employee interviews,...more

A&O Shearman

High Court Rules That Witness Interview Notes Are Not Covered by Legal Advice Privilege

A&O Shearman on

In December 2016, the English High Court ruled that transcripts, notes and other records of witness interviews prepared by in-house and external counsel in the course of an internal investigation were not covered by either...more

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