O’Melveny Authors Discuss English RBS Privilege Ruling in Law360 Article

March 02, 2017

O’Melveny partners Mary Pat Brown and David Foster co-authored the article “English RBS Privilege Ruling Affects Internal Investigations” published March 2, 2017, in Law360. The article details the English High Court’s recent ruling that transcripts, notes, and other records of interviews created as a result of internal investigations that were privileged under US federal law are not privileged from production in English civil litigation.

“Companies should be alert to the risk that an internal investigation in one jurisdiction will create documents which may have to be disclosed in another jurisdiction. In the event of an investigation which is, or has the potential to become, cross-jurisdictional, corporations are advised to seek specialist legal advice before commencing the investigation,” the authors write. 

The authors provide an overview of what the decision means in practice for internal investigations and what organizations can do to mitigate against the risk of potentially sensitive documents being disclosed.

Brown serves as co-chair of O’Melveny’s White Collar Defense and Corporate Investigations Practice and resides in the firm’s Washington, DC office. Foster is head of O’Melveny’s London International Disputes and Arbitration Practice.