News & Analysis as of

Internal Investigations Germany

A&O Shearman

Highest labour law court in Germany acknowledges recoverability of internal investigation costs

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Companies may recover from their employees the cost of internal investigations conducted by external law firms, according to a decision by the German Federal Labour Court (Bundesarbeitsgericht). However, the court has set out...more

World Law Group

[Webinar] Compliance & Investigations: Whistleblowing as Part of Corporate Compliance in the EU - October 20th, 4:00 pm CEST

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Join World Law Group's Compliance & Investigations Group for a Zoom meeting where panelists will discuss whistleblowing as part of corporate compliance and the legal requirements in the EU. Dr. Rebekka Krause, Fabien Pomart...more

NAVEX

What Compliance Leaders Need To Know About Germany’s Law To Strengthen Business Integrity

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Germany’s new “Law to Strengthen Business Integrity” (“Gesetz zur Stärkung der Integrität in der Wirtschaft”) will have a transformative effect on the German corporate compliance landscape when it is finally enacted,...more

Morrison & Foerster LLP

Germany Before Drastically Tightening The Sanctioning Of Companies For Economic Crimes

On April 22, 2020, the German Federal Ministry of Justice and Consumer Protection ("BMJV") issued the official draft bill for an Association Sanctions Act (" VerSanG-E " or " Law") as part of a "Law to Strengthen Business...more

Morrison & Foerster LLP

Germany Faces Drastic Increase Of Fines On Companies For White-Collar Crimes

On 22 April 2020, the German Federal Ministry of Justice and Consumer Protection (“BMJV”) presented the official draft bill of the Corporate Sanctioning Act (“VerSanG-E” or “Act”) as part of the “Act promoting integrity in...more

White & Case LLP

German legislative initiative on new corporate sanctions law

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The German Federal Ministry of Justice has presented a draft bill intended to combat corporate crime. The bill has not yet been published. The most significant provisions can be found in the proposed "Association Sanctions...more

Jones Day

Germany’s "Corporate Sanctions Act": The Path to Corporate Criminal Liability

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The Situation: On August 22, 2019, the German Ministry of Justice and Consumer Protection presented the draft Corporate Sanctions Act ("CSA"), a bill that would establish corporate criminal liability in Germany. The...more

Morgan Lewis

German Ministry of Justice Releases Draft Bill for Law Against Corporate Crime

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A draft bill to prosecute undertakings for corporate crimes in Germany includes sanctions against undertakings, an incentive scheme for conducting internal investigations, and clarification on the attorney-client privilege. ...more

Latham & Watkins LLP

Der Entwurf für das Gesetz zur Bekämpfung der Unternehmenskriminalität

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Das Bundesjustizministerium hat am 22. August 2019 seinen Entwurf für das Gesetz zur Bekämpfung der Unternehmenskriminalität vorgestellt. Der 147 Seiten und 69 Paragrafen umfassende, bisher nicht veröffentlichte Entwurf...more

NAVEX

Germany & Spain Respond to GDPR with Guidance on Anonymous Whistleblower Reporting

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Two of Europe’s largest economies are embracing anonymous whistleblower reporting for the first time – triggering organizations operating in those countries to review and evaluate their internal reporting and investigations....more

A&O Shearman

Internal investigations documents seised in lawful law firm raid

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The much publicised raid of U.S. law firm Jones Day’s Munich office and the seizure of documents relating to VW’s internal investigation by prosecutors in an investigation of Audi AG were legal, according to German courts. A...more

K&L Gates LLP

Cross-border Investigations: When Are Documents Developed in the Course of an Internal Investigation Protected by Legal Privilege?

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Introduction - A recent decision by Germany’s Federal Constitutional Court (Bundesverfassungsgericht) (“FCC”) has renewed important questions with respect to legal privilege, its varied conceptual and practical scopes and...more

A&O Shearman

A closer look: Germany - Landmark decision of the German Federal Constitutional Court on legal privilege in internal...

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The concept of legal privilege between a lawyer and his client is not recognised in the same way under German law as it is in common law jurisdictions. In particular, the jurisprudence of the German courts has until now...more

Latham & Watkins LLP

Law Firm Search in Connection With “Diesel Emissions Scandal” Lawful, German Federal Constitutional Court Says

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The recent Federal Constitutional Court decision severely limits legal privilege in German criminal investigations, but provides useful guidance to ensure privilege in limited circumstances. German government is called upon...more

Parker Poe Adams & Bernstein LLP

Managing International Investigations: European Conceptions of Attorney-Client Privilege and Their Effect on International...

Update on 5/12: Jones Day’s complaint has been thrown out by a court in Munich. That decision reinforces the importance of examining how attorney-client privilege is construed in different foreign jurisdictions. On March...more

K&L Gates LLP

Expanded Protections for Documents Developed in the Course of Internal Investigations and Located at the Client’s Business...

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A ruling by the Regional Court (Landgericht) of Braunschweig published late last year has strengthened the protections of confidential information gained or developed in the course of internal investigations....more

Thomas Fox - Compliance Evangelist

Whom Should You Suspend During an Internal Investigation?

Whom to suspend during any Foreign Corrupt Practices Act (FCPA) investigation is always a delicate question to answer. Unfortunately there is never an easy answer. As the Volkswagen (VW) emission-testing scandal continues to...more

McDermott Will & Emery

International News: Focus on Compliance

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In This Issue - Welcome to the final issue of International News for 2014. As regulatory oversight of companies—from Sarbanes Oxley and the Dodd-Frank Act to the Foreign Corrupt Practices Act and the UK Bribery...more

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