Four Takeaways From the U.K.’s ENRC Privilege Decision

Following the September 2018 decision of the English Court of Appeal in the ENRC case, the English law of privilege has moved more in line with the U.S. doctrine of attorney work product. While it will always be a fact-dependent determination, as a general rule, companies conducting investigations in the U.K. should now be able rely on the English doctrine of litigation privilege to protect their investigative work product from disclosure to the authorities. In a guest article, Ropes & Gray partners Amanda Raad and Judith Seddon and associates Matthew Burn and Sarah Lambert-Porter discuss the practical implications of the decision. See “No Need to Overreact: Protecting Privilege in the U.S. and U.K. After the ENRC Decision” (Jun. 21, 2017).

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