The Serious Fraud Office (SFO) has published new guidance on corporate co-operation, which is intended to encourage corporates to self-report potential criminal misconduct to the SFO.
The guidance provides that, if a corporate entity self-reports suspected wrongdoing and cooperates fully with an SFO investigation, it can expect to be invited to negotiate a Deferred Prosecution Agreement rather than face prosecution, unless exceptional circumstances apply.
On 5 September 2018, the UK Court of Appeal (CA) overturned the 2017 High Court ruling in SFO v ENRC [2017] WLR(D) 317 (ENRC Decision) and held, among other things, that notes of interviews with company employees are protected by litigation privilege even if a formal criminal investigation has not been commenced…
With the steady increase of global regulation and enforcement across all industries in today’s commercial world, the conduct by companies of independent and credible internal investigations is swiftly being recognised as a standalone area of expertise
The recent judgment of the Hong Kong Court of Appeal offers greater protection to legal communications and documents created between clients and their lawyers from disclosure in Hong Kong. Such protection arises in situations where a client may be required to produce documents, including regulatory investigations. Recent developments On 29…
We asked Mini vandePol (Head of the Baker & McKenzie Global and Asia-Pacific Compliance Practice Group) and Joanna Ludlam (Head of the Baker & McKenzie EMEA Compliance Practice Group) 10 questions about current compliance trends and developments. Here are their answers which every compliance professional should read attentively: Mini vandePol (Hong Kong)…