Understanding Privilege In UK Internal Investigations

Law360, New York (May 11, 2017, 12:35 PM EDT) -- U.S. lawyers conducting internal investigations in the U.K. beware: A British assault on attorney-client privilege in the corporate investigations context means familiar U.S. privilege protections may not apply.

In 2014, the U.K.’s Serious Fraud Office published its Deferred Prosecution Agreement Code of Practice, spelling out that the office would measure a company’s cooperation by its willingness to waive privilege and disclose witness accounts and other documents developed during an internal investigation. In discussing privilege in the investigations context, the SFO’s general director, David Green, warned companies that the SFO would not only challenge privilege claims it considered unfounded, but viewed such...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!