An International Guide To Corporate Internal Investigations

This book introduces readers to the complex and developing area of corporate internal investigations and uncovers a myriad of issues for additional legal consideration and advice. It considers the landscape and legal framework of the specific jurisdiction and provides a practical narration as to best practice in each.

In today's complex world, the potential for corporate malpractice and the severity of its consequences are increasing. The regulators have accumulated more powers and the public have continually growing expectations of management behaviour. Consequently, Board members are concerned more thanever with ensuring good corporate governance.Corporate Internal Investigation: An International Guide addresses the way in which a company conducts an effective internal investigation in order to manage its legal risks and demonstrate good governance as well as providing practical guidance about interacting with regulators and reassuringemployees and the wider public.Edited by Daniel Kramer, a leading US trial lawyer and litigator with extensive experience in internal investigations, and Paul Lomas, a leading UK practitioner who has acted in a number of corporate governance crises, this work provides a unique cross-border approach. The work explores trendswithin USA, UK, Hong Kong, Japan, France, Spain, Germany, Italy and The Netherlands, on a country-by-country basis, identifying the key regulators that operate in these jurisdictions and the range of responses that are effective in complying with potential or actual regulatory inquiries.The book deals with the way executives conduct an effective internal investigation. It also provides insights into the subtle differences in the legal environments of the various jurisdictions that can critically impact the conduct of an investigation. In effect, it outlines the fundamental stepsand considerations required to respond to regulatory bodies in a manner that minimises risks and benefits the company in all the jurisdictions in which it operates.

"An international guide to corporate internal investigations"--

Corporate Internal Investigations remains the only book to analyse corporate internal investigations on an international level, covering the law in each applicable jurisdiction and describing how an integrated international investigation should be conducted.The new edition of this work addresses the recent legislative changes, including the long-awaited UK Bribery Act, which affects businesses internationally. Russia, China and India are also adopting OECD (Organisation for Economic Co-operation and Development) based anti-corruption legislation. The text covers the new whistleblowing rules and the Dodd Frank Act in the USA, as well as coverage of the recent increase in anti-corruption and tax investigations throughout India.

This text remains the only book to analyse corporate internal investigations on an international level, covering the applicable law in each jurisdiction and providing guidance on how an integrated international investigation should be conducted. Since the first edition of the book, the area of corporate internal investigations has grown in importance and recognition. Demands for investigations are on the rise as the internal markets and the press become ever more critical of unethical corporate behaviour, and demand higher standards and closer regulation. The new edition of Corporate Internal I.

Internal investigations can be undertaken by a company or firm as a precursor to anticipated regulatory action, or for many other reasons. This title explains what a good regulatory investigation looks like whilst guiding investigators through the myriad of issues that can arise. It also dismantles many of the preconceptions and myths which have grown up around investigations in the post-financial crisis environment. Investigations are part of the 'business as usual' lifecycle for regulated firms. But there is no regulatory blueprint for what is accepted practice or accepted standards. This puts firms at a disadvantage with their regulators. Providing expert guidance on every step of a regulatory investigation including who should carry out the investigation, the scoping and planning, the interviewing and witness handling, how best to cooperate with the authorities, employee conduct and performance investigations, investigating senior staff, press, PR and Corporate Comms and litigation risks A Guide to Conducting Internal Investigations redresses the balance and provides a much needed blueprint for firms who find themselves in this position. This is a new practical resource for all firms and individuals that may find themselves the subject of, or be asked to assist in, a regulatory investigation or enforcement action.

There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.

Guides you through the steps necessary to conduct a proper and thorough legal investigationdescribes and advises you on the methods and skills involved.