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Welcome to Allen & Overy’s Investigations Insight blog, sharing with you our views and insights into the latest trends, risks and developments in business crime and financial services investigations

Global trends in antitrust enforcement

The Allen & Overy Global antitrust enforcement report reviews antitrust enforcement around the world, including cartels, vertical arrangements and abuse of dominance/monopolisation cases. The report looks at key statistics for a number of major jurisdictions in 2020, including the impact of the Covid-19 pandemic on the data and on antitrust authorities’ investigative practices. Fewer dawn Read More

Remote working: No excuse for non-compliance with obligations to record telephone conversations and electronic communications

The UK Financial Conduct Authority (FCA) has emphasised in the latest edition of its Market Watch Newsletter its expectations for firms to record telephone conversations and electronic communications in light of the increased use of alternative working arrangements by employees such as increased homeworking. The FCA has highlighted that risks from misconduct may be heightened Read More

SFO rebuked for overreaching: no power to seek overseas documents from non-UK companies

The Supreme Court has decided the Serious Fraud Office does not have the power to issue a section 2 notice to a non-UK company with extraterritorial application.  It can, however, continue to compel production of documents held extraterritorially by UK companies: The Queen on the application of KBR Inc v The Director of the Serious Read More

eDiscovery tools cut cost and time (in the right hands)

Well managed data analytics and other eDiscovery tools can help to bring order to a huge dataset, reduce data volumes for review and get to the relevant documents quicker.  Data is being created at exponential rates, yet investigations lawyers are not granted the luxury of additional time or resources to review it. Data volumes are predicted Read More

UK corporate criminal liability reform creeps forward

The UK Law Commission is considering whether corporate criminal liability law should be reformed and two weeks ago MPs proposed a new economic crime corporate offence to be included in the Financial Services Bill. What is the likely way ahead and what are the implications now for companies? Corporate criminal liability for economic crime – Read More