Search

Editors

Richard L. Cassin Publisher and Editor

Andy Spalding Senior Editor

Jessica Tillipman Senior Editor

Harry Cassin Managing Editor


Elizabeth K. Spahn Editor Emeritus

Cody Worthington Contributing Editor

Julie DiMauro Contributing Editor

Thomas Fox Contributing Editor

Marc Alain Bohn Contributing Editor

Bill Waite Contributing Editor

Shruti J. Shah Contributing Editor

Russell A. Stamets Contributing Editor

Richard Bistrong Contributing Editor 

Eric Carlson Contributing Editor

Bill Steinman Contributing Editor

Aarti Maharaj Contributing Editor


FCPA Blog Daily News

Entries in Attorney-Client Privilege (39)

Tuesday
Oct022018

Andrew Reeves: Five lessons about privilege in internal investigations

The English Court of Appeal’s decision in SFO v. ENRC has reset the boundaries of litigation privilege in investigations under English law.

Click to read more ...

Thursday
Sep062018

UK appeals court restores attorney-client privilege in internal investigations

The UK Court of Appeal on Wednesday overturned a lower court’s ruling and restored the attorney-client privilege to protect internal investigations from discovery by the Serious Fraud Office.

Click to read more ...

Monday
Apr232018

Wendt and Sultan on oral downloads: What should counsel share with the SEC?

In prior posts, we covered (1) how two former General Cable executives, now defendants in an SEC enforcement action, sought to compel Morgan Lewis (General Cable’s counsel) to share interview memoranda and notes, investigation reports and other materials from the firm’s internal investigation, and (2) how Judge Jonathan Goodman ruled in the defendants’ favor in part by holding that Morgan Lewis had waived work product protections through oral disclosures of interviews to the SEC.

Click to read more ...

Thursday
Apr192018

Wendt and Sultan: How ‘oral downloads’ created a work-product protection waiver

As discussed in our prior post, the SEC charged Mathias Francisco Sandoval Herrera and Maria D. Cidre, two former executives from General Cable, with accounting fraud in January 2017. In response, these defendants sought to compel General Cable’s counsel, Morgan Lewis, to produce certain materials related to the firm’s corresponding investigation for the company, including investigation interview notes, SEC meeting notes, and an investigation report.

Click to read more ...

Wednesday
Apr182018

Wendt and Sultan: What are ‘oral downloads’ to the SEC and why do they matter?

A fascinating discovery dispute arose recently in the Southern District of Florida for professionals focused on internal investigations and the negotiation of resolutions with the SEC and DOJ. It involved the SEC, two former executives from General Cable Corporation, and General Cable’s external counsel Morgan, Lewis & Bockius LLP.

Click to read more ...

Tuesday
Oct032017

Bill Steinman: Remember the privilege and keep it sacred

Lawyers: As a group, we think we’re pretty special. Servants of the law and all that. But in truth, there’s really only one thing that sets us apart from other professionals: the attorney-client privilege (yes, yes, we can also represent others in court, but that’s not the point of this post). 

Click to read more ...

Wednesday
Jul122017

TI-Canada recommends a deferred prosecution agreement scheme (with conditions)

A report released Wednesday by Transparency International Canada recommends the government consider adopting legislation to create a deferred prosecution agreement scheme as a way to increase transparency and promote compliance.

Click to read more ...

Friday
Mar172017

Tom Fox: Raid on Jones Day German office clouds FCPA investigations

International investigations are the heart and soul of FCPA inquiries. As denoted by its title, the Foreign Corrupt Practices Act deals with bribes and offers to foreign officials and those of foreign state owned enterprises.

Click to read more ...

Thursday
Mar312016

SFO: How should companies handle attorney-client privilege during investigations?

Alun Milford, SFO General Counsel (image courtesy fo the SFO)In a speech this week to compliance professionals at the European Compliance and Ethics Institute in Prague, the general counsel of the UK Serious Fraud Office talked about attorney-client privilege in connection with SFO corruption investigations.

Click to read more ...

Tuesday
Aug112015

Breaking: Federal appeals court protects KBR internal investigation documents from civil discovery

The U.S. Court of Appeals for the District of Columbia Circuit ruled Tuesday that documents produced during an internal corporate investigation are protected by attorney client privilege and don't have to be disclosed to a whistleblower who alleged the company took kickbacks from subcontractors during the Iraq war.

Click to read more ...

Tuesday
Jun232015

Joseph Spinelli: Risk assessment best practices

The DOJ and SEC expect diverse functional areas of organizations to participate in compliance risk assessments. Among them are compliance, legal, internal audit, procurement, and finance. Human resources, marketing, and public relations also usually have a role.

Click to read more ...

Monday
Mar162015

Colombia arrests six linked to alleged PetroTiger bribes

Prosecutors in Colombia charged six current and former employees of the state-controlled oil company with taking bribes from services company PetroTiger Ltd.

Click to read more ...