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:
cross-border issues and foreign authorities
dawn raids and search warrants
whistleblowing and employee rights
reporting to the authorities
prosecution, settlements and penalties
duty to the market
environmental, social and corporate governance (ESG)
(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.