The Practitioner’s Guide to Global Investigations | 8th Edition - McDermott Will & Emery

The Practitioner’s Guide to Global Investigations | 8th Edition


McDermott have contributed two chapters to the latest edition of The Practitioner’s Guide to Global Investigations, including the in-depth country overview for the United Kingdom.

(1) The Practitioner’s Guide to Global Investigations – United Kingdom 

In this chapter, Simon Airey, James Dobias and William Merry provide an in-depth analysis of the landscape for investigations and white collar work in the United Kingdom, answering 78 questions covering a number of topics, including:

  • cyber-related issues
  • cross-border issues and foreign authorities
  • sanctions
  • dawn raids and search warrants
  • whistleblowing and employee rights
  • attorney-client privilege
  • witness interviews
  • reporting to the authorities
  • prosecution, settlements and penalties
  • duty to the market
  • environmental, social and corporate governance (ESG)

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(2) Beginning an Internal Investigation: the UK Perspective

Whether, when and how to begin an internal company investigation are often decisions that must be made at speed, from a position of limited information and at a time when the business, and the individuals involved, may be under significant pressure or scrutiny. Just a few key initial issues include:

  • how to determine what is in scope
  • how to conduct the document preservation, collection and review exercise
  • whom to interview and in what order
  • whether to involve external legal counsel
  • whether to notify any relevant authorities
  • how to structure governance and reporting
  • how to maximise privilege

Choices made at this early stage, and a failure to take into account the full context (including potential cross-jurisdictional issues), can have far-reaching repercussions.

In this chapter, Simon Airey and James Dobias identify the key factors for companies to consider when grappling with these difficult issues.

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