Tag Archives: Privilege

Corporate Crime update – February 2018

Welcome to the February 2018 edition of our corporate crime update – our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update now covers a number of jurisdictions. For the full update on each jurisdiction, … Continue reading

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Filed under Bribery and Corruption, China, Corporate Crime, Dubai, EU, Europe, Germany, Hong Kong, India, Investigations, Japan, Malaysia, Middle East, Sanctions and Money Laundering, Sector Updates by Herbert Smith Freehills, Thailand, UK, US

High Court decision supports orthodox view of litigation privilege in an investigations context

The High Court has found that documents prepared by a defendant in the course of an investigation into allegations by HMRC were protected by litigation privilege: Bilta (UK) Ltd (in liquidation) & ors v Royal Bank of Scotland Plc & anor [2017] EWHC … Continue reading

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Filed under Commercial Litigation, Corporate Crime, Investigations, UK

Managing risk: a disputes perspective (2017)

Herbert Smith Freehills recently held its annual disputes client conference exploring some key legal and compliance risks facing major corporates. Following opening remarks by Mark Shillito, head of dispute resolution for the UK and US, there were presentations on cyber … Continue reading

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Filed under Banking, Commercial Litigation, Insurance, Investigations, Investment banking, Investment Funds, Retail Banks, UK

Herbert Smith Freehills Singapore hosts round table discussion on “preserving privilege: practical issues in the context of disputes and investigations”

On Wednesday 13 January 2016, a cross section of our clients based in Singapore joined our Disputes and Corporate Crime & Investigations teams and Bankim Thanki QC, a leading commercial advocate and litigator who has practised extensively in the region … Continue reading

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Filed under Asia, Corporate Crime, Investigations

UK: High Court confirms legal advice privilege can include lawyer’s summary of facts

In a decision handed down earlier today, the High Court has upheld RBS's claim to privilege over certain documents which the bank had been ordered to produce to the court for inspection: Property Alliance Group Limited v The Royal Bank … Continue reading

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Filed under UK

Article published on maximising privilege protection for internal investigations under US and English law

When a company conducts an internal investigation in respect of a potential regulatory issue, it will wish to maximise the extent to which materials produced in connection with the investigation are protected by privilege. If privilege is protected from the outset, the company … Continue reading

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Filed under Americas, UK, US

US District Court considers attorney-client privilege and work product doctrine in internal investigations

The US District Court for the Southern District of New York recently granted a motion to compel the production of documents gathered during an internal investigation, finding that neither the attorney-client privilege nor the work product doctrine protected the documents … Continue reading

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Filed under Americas, Asia, Australia, Europe, International

Australia: Practical steps to maintain privilege when communicating with non-legal advisers

The recent Federal Court decision in Asahi Holdings (Australia) Pty Ltd v Pacific Equity Partners Pty Limited (No 4) [2014] FCA 796 highlights the limited extent to which privilege subsists in emails and draft transaction documents created by or disseminated … Continue reading

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Filed under Australia, Commercial Litigation, Investment banking

US: Whistleblowing – internal investigation documents may not always be privileged

In a controversial decision, US ex rel Harry Barko v. Halliburton Company, et al, a US District Court ordered an employer to disclose documents generated during an internal investigation into a whistleblower’s complaints.  Continue reading on Employment notes.

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Filed under Americas, US

UK Supreme Court refuses to extend privilege to accountants

The Supreme Court confirmed today that legal advice privilege (“LAP”) cannot be claimed in respect of confidential communications between accountants and their clients for the purpose of requesting or providing legal advice. LAP can be claimed only where such communications … Continue reading

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Filed under Commercial Litigation, Europe, Regulatory Reform, UK