Cross-border issues

Read Allen & Overy’s latest thoughts on cross-border issues affecting financial services investigations.

Privilege in Cross-Border Investigations – Whither Shall We Go Following the Rights Issue Decision?

Brandon O'Neil

The ripple effects of the important December 2016 decision by the English High Court in The RBS Rights Issue Litigation continue to reverberate. In holding that notes of interviews by a firm’s lawyers of the firm’s own employees created for the purpose of providing legal advice are nonetheless not protected from disclosure by legal advice Read More

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Quick Read: What you need to know about the DOJ Fraud Section’s new ‘Evaluation of Corporate Compliance Programs’ guidance

Claire Rajan

In February 2017, the U.S. Department of Justice (“DOJ”), through the Fraud Section of the Criminal Division, issued new guidance on how it evaluates corporate compliance programs, available here. The Guidance details sample topics and questions that the DOJ is likely to ask in evaluating the strength of a corporate compliance program, which is of Read More

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The U.S. SEC and Hong Kong SFC enter into a new cooperation agreement

Kurt Wolfe

This blog post was co-authored by Matt Bower, a litigation and regulatory investigations partner based in Hong Kong.  The U.S. Securities and Exchange Commission (SEC) and the Hong Kong Securities and Futures Commission (SFC) recently entered into a Memorandum of Understanding (MOU) regarding the supervision and oversight of regulated entities that operate in the United States and Read More

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SEC announces another large whistleblower award – with a twist

Kurt Wolfe

In 2016, the SEC announced 7 of its ‘Top 10’ whistleblower awards. And the Office of the Whistleblower has continued apace in 2017, recently announcing its sixth-largest whistleblower award – more than $5.5 million to a whistleblower ‘who provided critical information that helped the SEC uncover an ongoing scheme’. According to the Order Determining Whistleblower Read More

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The Hong Kong “Manager In Charge” regime – a new approach?

Matt Bower

This blog post was co-authored by Charlotte Robins, a financial services and regulatory partner based in Hong Kong.  On 16 December 2016, the Securities and Futures Commission (SFC) published a ‘Circular to Licensed Corporations Regarding Measures for Augmenting the Accountability of Senior Management’ (Circular) together with associated Frequently Asked Questions. The SFC did so to Read More

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