This Precedent Document retention notice, published in collaboration with Dechert LLP, can be used when an organisation is conducting an internal investigation particularly where there is an expectation of subsequent external investigations. It will help to ensure important documents and data are not destroyed or inappropriately disclosed. There is a separate data retention notice to send to your IT team.
This Precedent Internal investigation report can be used to record the process and findings of an internal investigation. Written reports can be effective in demonstrating that a full and proper investigation has been carried out. However, there is a risk that such a report can ultimately become discoverable by regulators or claimants in subsequent proceedings.
This Practice Note sets out the grounds and procedure for challenges and appeals against arbitral awards in France. It discusses the legal framework for setting aside international and domestic arbitration awards and the consequences of an application for set aside. It includes relevant decisions from the French Supreme Court (Cour de Cassation) and from the Paris Court of Appeal (Cour d’Appel). The process begins with notification (service) of the award and the applicable regime is explained. It also covers appeals against domestic arbitral awards and the effects of such appeals. Other forms of recourse against both international and domestic awards are also discussed, including third party action and action to revise an award for fraud.
This Practice Note provides guidance on creating an internal investigation framework. An internal investigation is a legal process to review and identify facts relating to a specific allegation, concern or misconduct and remediate potential irregularities.
This Practice Note provides practical guidance on conducting an internal investigation. An internal investigation is a legal process to review and identify facts relating to a specific allegation, concern or misconduct and remediate potential irregularities.
This Practice Note provides guidance on the application of legal professional privilege to internal investigations.
This Practice Note provides high-level guidance on reporting, communications and reputation management during an internal investigation.
Produced in partnership with Christopher Field of Dechert LLP. This Practice Note considers the reasons that a limited company with a share capital may have to reduce its capital in accordance with the Companies Act 2006 (CA 2006). It also gives an overview of each of the two methods that a company may use to carry out a reduction of capital: the solvency statement procedure and the court procedure.
This one minute guide, written in partnership with Philippa List, professional support lawyer, and Mikhaelle Schiappacasse, partner at Dechert, analyses the scope and impact of the Taxonomy Regulation, and considerations for asset managers.
This Precedent Data retention notice has been written in partnership with Caroline Black and Noel Power of Dechert LLP. It can be sent to an organisation's IT department at the same time as a formal document retention notice is sent to relevant staff. It is intended to ensure that data relevant to an internal investigation is not routinely deleted in accordance with the organisation's usual Records Management or data retention policies. There is a separate precedent document retention notice.
This Precedent Internal investigations and fraud investigation policy has been written in partnership with Caroline Black and Noel Power of Dechert LLP. It provides a framework for receiving and investigating reports of suspected misconduct, particularly in relation to financial crime. Specific mention is made of fraud, bribery and facilitation of tax evasion although the policy applies to all types of financial crime. It is intended to dovetail with your whistleblowing policy and process.
This Precedent Internal investigation interview invitation letter has been written in partnership with Caroline Black and Noel Power of Dechert LLP. It can be used to invite a member of staff to attend an interview. It provides detailed warnings in relation to confidentiality and privilege and makes it clear on whose behalf any attending or interviewing lawyer is acting, sometimes known as an Upjohn Warning, from the US case of Upjohn Co. v United States.. There is a separate Precedent for an interview warning
This Precedent Internal investigations—sample interview warning has been written in partnership with Caroline Black and Noel Power of Dechert LLP and is intended for use in regulator-facing internal investigations. If a regulator or criminal agency is involved, the process for interviewing may need to first be agreed between the parties prior to proceeding.
This Precedent Internal investigations—sample privilege log has been written in partnership with Caroline Black and Noel Power of Dechert LLP. It can be used when an organisation conducts an internal investigation. It will allow you to identify and list documents that are subject to legal professional privilege, record whether they have been redacted or withheld entirely, and the reason why. It can also be used when an organisation is subject to an external investigation.
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