Internal Investigations in Compliance Matters: What Role for Legal Professional Privilege in Europe?

Information is key to understanding possible wrongdoing in corporations. When allegations of wrongdoing occur, management often invites external counsel to conduct internal investigations because legal professional privilege is seen as crucial in protecting information. In the post-Brexit EU, the ob...

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Bibliographic Details
Published in:European business law review Vol. 32; no. Issue 2; pp. 389 - 418
Main Author: Kruessmann, Thomas
Format: Journal Article
Language:English
Published: London Aspen Publishers, Inc 01.04.2021
Subjects:
Comparative analysis
Compliance
Cooperation
Criminal investigations
Criminal law
Criminal liability
Employees
Public prosecutors
Regulation
ISSN:0959-6941, 0959-6941, 1875-841X
Online Access:Get full text
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Summary:Information is key to understanding possible wrongdoing in corporations. When allegations of wrongdoing occur, management often invites external counsel to conduct internal investigations because legal professional privilege is seen as crucial in protecting information. In the post-Brexit EU, the objective scope of such privilege is under debate while there is little alignment with developments in the UK. This paper will explore what the deepening divide in the understanding of legal professional privilege may mean. It proposes a policy model, summarizes recent developments in England and Germany and comes to some refined conclusions to serve a broader comparative analysis of internal investigations.
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ISSN:0959-6941
0959-6941
1875-841X
DOI:10.54648/EULR2021014