The Practical Privilege Implications of the ENRC Decision 

The recent High Court of England and Wales’ judgment in The Serious Fraud Office v Eurasian Natural Resources Corporation dealt primarily with the question of whether documents produced during an internal investigation (in anticipation of a Serious Fraud Office investigation) were protected by privilege under English law. In a guest article, Matthew Getz, a partner in Boies Schiller Flexner’s London office, and associate Michael Jacobs analyze the ever-diminishing scope of legal professional privilege and detail practical considerations that parties should now bear in mind when creating documents in contemplation of regulatory investigations. See “What Compliance Lessons Can Companies Learn From the SFO’s First Two DPAs?” (Sep. 28, 2016).

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