English RBS Privilege Ruling Affects Internal Investigations

Law360, New York (March 2, 2017, 5:27 PM EST) -- Mary Pat Brown

David Foster The English High Court has recently ruled that transcripts, notes and other records of interviews with employees/ex-employees created as a result of internal investigations (in part responsive to U.S. Securities and Exchange Commission subpoenas) and that were privileged under U.S. federal law were not privileged from production in English civil litigation.

The decision of Judge Robert Hildyard in the case of the RBS Rights Issue Litigation [2016] EWHC 3161 (Ch) has major implications for any commercial organization that is managing an internal...
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