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Internal Investigations


Our Future of Disputes UK Virtual Programme brought speakers from leading in-house institutions – including AON, Gilead, GPW Group, HSBC, JP Morgan, Rio Tinto, Salesforce and Siemens – together with Baker McKenzie dispute resolution specialists to discuss key challenges in litigation, arbitration and investigations likely to arise over the next year.
We tackled the practicalities around contract disputes and termination, engaging with government and regulators, strategies to manage litigation risk arising from internal investigations, and provided an overview of how case lifecycles are likely to unfold following recent reforms of litigation and arbitration mechanisms. Our speakers share insights garnered from managing complex, multijurisdictional disputes and offer strategies to help you shape your organisation’s business resilience and readiness for litigation in the medium and long term.

In 2008, Hong Kong’s Court of Final Appeal issued a landmark judgment in Koon Wing Yee v Insider Dealing Tribunal deciding that if a regulator is seeking a financial penalty, the individual or company being investigated is, for human rights purposes, facing a criminal charge and entitled to fundamental Bill of Rights protections.

Hong Kong’s competition law was being drafted at the time. The enforcement framework and law were fundamentally rewritten because of Koon. The Administration said that appropriate criminal safeguards, including fair trial, protection against self-incrimination and standard of proof beyond reasonable doubt, must be in place both during investigation and trial to meet the requirements of the Hong Kong Bill of Rights. In 2019, in the first case to come to trial, Hong Kong’s Competition Tribunal agreed.

Late last year, after a month-long trial, a Baker McKenzie team secured a complete defense verdict in favor of our client MedMen and its two co-founders. The trial was the culmination of three years of intense litigation. The result was publicized in Law360, among other outlets.
In this unique three-part webinar series, members of Baker McKenzie’s North America Trial Team will provide insight surrounding this litigation win and the steps taken to achieve it, from inception to defense verdict

The Labor Appeal Court in South Africa recently considered the binding nature of confidentiality agreements in the workplace. Both employers and employees should note that the courts will consider each case on its merit and will consider the scope and reach of the agreement, and the substance of any disclosure that breaches this undertaking.

This week’s discussion will cover the following:
• Indictment of Belarus government officials for air piracy in connection with forced landing of Ryanair jet
• First DOJ indictment over threatening of election officials
• SEC v. David P. Forte, et al. – SEC and DOJ Continue to Pursue Insider Trading Based on Circumstantial Evidence
• Discussion of most recent tipper-tippee insider trading case

Baker McKenzie are now inviting you to join sessions on specific developments and areas of risk that are on the minds of risk managers and require forethought today. The Series is designed for legal and compliance as well as interested business leaders who want to invest 50 minutes every month to these topics and come away with ideas and practical guidance.

Mainly during the pandemic, the use of technological resources for performing a job has significantly grown. As a result, the access to such resources in the context of internal investigations has become almost a must. This triggers relevant concerns from a data privacy and a labor perspective.

In June 2022, amendments to the Whistleblower Protection Act, which protects employees who have reported violations of certain laws specified in the WPA, are expected to come into force. Amongst other items, the Amended WPA includes a mandatory obligation for companies of a certain size to establish a whistleblowing system with the aim of ensuring the protection of whistleblowers.