Overview
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)
(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.
