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 than ever 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 reassuring employees 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 trends within 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 steps and 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.
Table of Contents
Introduction: Note from the Editors; 1. Managing multi-jurisdictional investigations; 2. Data Protection Under European Community Law; 3. Investigations in the United States; 4. Investigations in the United Kingdom; 5. Investigations in the Netherlands; 6. Investigations in Germany; 7. Investigations in France; 8. Investigations in Spain; 9. Investigations in Italy; 10. Investigations in Hong Kong; 11. Investigations in Japan; APPENDICES; Crisis Management - Initiating an Investigation; Capital Market Issues - Disclosure Obligations; Disclosure and Privilege: Key Considerations; Document Preservation; Avoiding Grievances: Managing Employees during an Investigation; The Public Eye: Managing Publicity during an Investigation
Paul Lomas was educated at Emmanuel College, Cambridge and Insead. He has been a partner at Freshfields Bruckhaus Deringer since 1990 and he specialises in commercial litigation, financial services litigation, cases with an economic or regulatory aspect and EU law and competition law. He has acted in a number of major corporate governance crises, including litigation and internal investigations into corporate conduct. He has appeared in cases at all levels of the English courts, the European Court of Justice, the Court of First Instance, the Florida Supreme Court and in arbitrations. Daniel J. Kramer is co-chair of the Securities Litigation and Enforcement Group and is a leading trial lawyer and litigator with extensive experience in securities matters and internal investigations. He has handled complex litigation for some of the world's largest companies and has significant experience representing boards of directors on corporate governance issues and special committees in internal investigations. He has been selected as a leading securities lawyers in the United States by 'Chambers' (2004-2007), as one of New York's Top 100 Lawyers by 'Super Lawyers' (2006-2007) and as one of America's leading litigators by 'Best Lawyers in America'. His work on behalf of his clients was highlighted in the January 2006 'American Lawyer' cover story, "The Lifesavers," in which Paul, Weiss was selected as the best litigation firm in the United States. Mr. Kramer also lectures and writes extensively on securities litigation and regulatory issues.