No Need to Overreact: Protecting Privilege in the U.S. and U.K. After the ENRC Decision

Companies around the world conduct internal investigations to detect and remediate potential wrongdoing and often rely on privilege to keep their findings private. The recent United Kingdom case of Serious Fraud Office v Eurasian Natural Resources Corporation Limited sharply limits the scope of legal privilege in internal investigations and further divides the U.K. approach to privilege from the approach in the U.S. Yet, Ropes & Gray partners Amanda Raad, Kim Nemirow and Marcus Thompson, along with their colleagues Mair Williams and Tom Littlechild, advise companies not to panic in this guest article. Rather, they suggest three concrete steps companies can take to protect information uncovered during investigations. See “Rolls Settlement Illuminates SFO Expectations for Cooperation and Compliance” (Mar. 15, 2017).

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