Podcasts about enrc

For the right price, a billionaire can buy almost anything in the private intelligence industry. Investigators will covertly dig through bins, pose as friendly faces to deceptively extract information, and even coordinate offensive hacking attacks to access private data. Although this by no means represents the whole industry, there is nothing off-menu to the world's wealthiest if you know the right people. And Elon Musk — the proprietor of the world's deepest pockets — apparently uses private spies liberally, often to acquire information relevant to his personal life and reputation. Apparently, he's just desperate to control everything. This week on Whale Hunting, Bradley is joined by fellow aficionado of the private intelligence industry Alexi Mostrous, Investigations Editor at Tortoise Media. They discuss why Elon Musk uses private spies for personal matters, the relationship between journalists and the intelligence industry, and how Bradley once pranked an overly eager investigator to protect his source. Mentioned in this week's episode: Elon's Spies, Alexi Mostrous' latest podcast for Tortoise Walter's War, a podcast about Oliver Lewis presented by Tortoise's Basia Cummings Neil Gerrard, a lawyer who represented ENRC and is known for representing wealthy clients in high profile legal spats The controversial Christopher Steele dossier, which was published by BuzzFeed News Character Limit: How Elon Musk Destroyed Twitter by Kate Cogan and Ryan Mac Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://brazen.fm/plus/

It began as a routine investigation into a multinational called ENRC. It became a decade-long saga that has rocked the UK's financial crime agency. Now new documents illuminate a case that has rewritten UK law and is set to end with a huge bill handed to taxpayers. By Tom Burgis. Help support our independent journalism at theguardian.com/longreadpod

Hello, and welcome to episode 129 of the Financial Crime Weekly Podcast, I'm Chris Kirkbride. New designations from the US and UK, and the UK marks OTSI being open for business. On money laundering, the FATF publishes MERs on Japan and Kuwait, and TD Bank in the US pleads guilty to money laundering. There is Covid-19 fraud news from the US, and in the UK the CTSI has issued a critical statement concerning the recent reduction of the APP fraud reimbursement limit. In other financial crime news, the SFO has settled one of the civil actions brought against it by ENRC, and on cybercrime, there seems to be an article trend concerning the cyber-safety of CEOs, and critical infrastructure is once more subject to a cyber-attack.A transcript of this podcast is available at www.crimes.financial, with links to the stories.

Wednesday September 18, 2024 ENRC Seeks $290 Million Over Botched UK Probe

Partido Popular meeting with Puigdemont's party, VAT increase, cost-cutting energy tips, scrapping COVID-19 terraces, VOX in trouble, and much more.Thanks for tuning in!Let us know what you think and what we can improve on by emailing us at spain@rorshok.com or through Twitter @RorshokSpain or Instagram @rorshok.spain or on Mastodon @spain@rorshok.socialLike what you hear? Subscribe, share, and tell your buds.Tourist Accommodation Checkerhttps://meet.barcelona.cat/habitatgesturistics/enRc

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance brings to you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen in to the Daily Compliance News. All, from the Compliance Podcast Network. Each day we consider four stories from the business world, compliance, ethics, risk management, leadership, or general interest for the compliance professional. ·       Is crypto dead?  (NYT) ·       End of the Spanish Kiss?  (FT) ·       Venezuela makes last ditch appeal re: CITGO. (Reuters) ·       SFO drops ENRC investigation. (FT) Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows. In 2021, Everything Compliance was honored by W3 as a top talk show in podcasting. In this episode, we have the quartet of Jonathan Marks, Jonathan Armstrong and Matt Kelly. In this episode, devote the entire episode to some of our favorite shout outs and rants and mine them for compliance lessons learned. We conclude with more recent news stories for a contemporary Shout Outs and Rants section. 1. Jay Rosen has a series of shout outs and rants. He rants about former VP Dick Cheney who created the conditions for today's GOP leading to the defeat of his daughter Liz Cheney in her primary; spinless Roger Goodell for his hapless leadership of the NFL and concludes with a shout out to Little Leaguer, Isaiah Jarvis who hugged Kaiden Shelton after being hit in the head by a Shelton pitch.  Rosen rants about ESPN stupidly lost the rights to broadcast Bin 10 football. 2. Matt Kelly rants about Harmony Montgomery who died after 2 years of abuse by her father because no one believed her mother that she was in danger. His lesson is that we must listen to whistleblowers.  Kelly has a dual shout out and rant. He shouts out to the campaign being run by John Fetterman for Senate in Pennsylvania and rants about the GOP for seeking the unredacted affidavit which support the warrant to search Mar-a-Lago.   3. Jonathan Marks rants about the restaurant Chipotle and how they treat live in-person orders differently from online orders you pick up at a store. He shouts out to USC student Jake Freeman for making $110MM on Bed Bath and Beyond stock and rants about the continued failure to make the departure of a CAE or CCO an 8K event.  4. Tom Fox has a cautionary tale (with a tip of the hat to fellow podcaster Tim Harford) about the importance of good corporate governance in the saga of Blue Bell Ice Cream.  5. Jonathan Armstrong rants about the damage to the image of the legal profession in the UK down by Neil Gerrard during his time at Dechert for their representation of ENRC. He rants about cookie claimants who don't take the summer off.   The members of the Everything Compliance are: •       Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com •       Karen Woody – One of the top academic experts on the SEC. Woody can be reached at kwoody@wlu.edu •       Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com •       Jonathan Armstrong –is our UK colleague, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at jonathan.armstrong@corderycompliance.com •       Jonathan Marks is Partner, Firm Practice Leader - Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at jonathan.marks@bakertilly.com The host and producer, ranter (and sometime panelist) of Everything Compliance is Tom Fox the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In today's edition of Daily Compliance News: ·       Glencore CEO – “I know nothing.” (Bloomberg) ·       Project Veritas loses to Stanford.  (Reuters) ·       Dechert spanked for ENRC damages. (MLex) (sub req'd) ·       Musk says it is Twitter who committed fraud. (NYT) Learn more about your ad choices. Visit megaphone.fm/adchoices

1. Jay Rosen shouts out to the Golden Boy Tom Brady in asked ‘will 8 be enough' to get the chip off Brady's shoulders. 2. Tom Fox shouts out to Neil Gerrard for inventing the phrase ‘global amnesia' for explaining why he lied in sworn testimony during the ENRC trial. 3. Karen Woody shouts out to second season of Ted Lasso. 4. Matt Kelly shouts out to restaurants requiring proof of vaccination of potential customers. 5. Jonathan Armstrong shouts out to author Eric Carle.

In this special edition of our banking litigation podcast, we consider some key issues on the topic of privilege that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by Ceri Morgan, a Professional Support Consultant in our banking litigation team, and guests Claire Nicholas and Benedicte Perowne. You can find links to our blogs on the cases covered in this podcast below: - High Court applies narrow interpretation of “client” for purposes of legal advice privilege https://hsfnotes.com/litigation/2016/12/08/high-court-applies-narrow-interpretation-of-client-for-purposes-of-legal-advice-privilege/ - Court of Appeal decision in ENRC: orthodoxy restored on litigation privilege, but narrow interpretation of “client” remains for now https://hsfnotes.com/litigation/2018/09/05/court-of-appeal-decision-in-enrc-orthodoxy-restored-on-litigation-privilege-but-narrow-interpretation-of-client-remains-for-now/ - Information gathering by in-house lawyer in order to obtain external advice may not be protected by legal advice privilege https://hsfnotes.com/litigation/2018/11/07/information-gathering-in-house-lawyer-not-protected-privilege/ - Impact of Court of Appeal's privilege decision in Sports Direct v FRC for the financial services sector https://hsfnotes.com/bankinglitigation/2020/02/19/impact-of-court-of-appeals-privilege-decision-in-frc-v-sports-direct-for-the-financial-services-sector/ - High Court holds auditor must form its own view on client's claim to privilege when responding to its regulator's notice to produce documents https://hsfnotes.com/litigation/2020/06/15/high-court-holds-auditor-must-form-its-own-view-on-clients-claim-to-privilege-when-responding-to-its-regulators-notice-to-produce-documents/ Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/ Please also find the Herbert Smith Freehills legal privilege web app. https://www.herbertsmithfreehills.com/latest-thinking/the-herbert-smith-freehills-legal-privilege-web-app

In this special edition of our banking litigation podcast, we consider some key issues on the topic of privilege that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by Ceri Morgan, a Professional Support Consultant in our banking litigation team, and guests Claire Nicholas and Benedicte Perowne.You can find links to our blogs on the cases covered in this podcast below:High Court applies narrow interpretation of “client” for purposes of legal advice privilegeCourt of Appeal decision in ENRC: orthodoxy restored on litigation privilege, but narrow interpretation of “client” remains for nowInformation gathering by in-house lawyer in order to obtain external advice may not be protected by legal advice privilegeImpact of Court of Appeal's privilege decision in Sports Direct v FRC for the financial services sectorHigh Court holds auditor must form its own view on client's claim to privilege when responding to its regulator's notice to produce documents Don't forget to subscribe to the banking litigation blog. Please also find the Herbert Smith Freehills legal privilege web app.

Welcome to the only roundtable podcast in compliance. Today, we have a quintet of Jonathan Armstrong, Matt Kelly, Jay Rosen, Tom Fox and special guest panelist Karen Woody for a deep dive into a potpourri of issues and topics. We end with a veritable mélange of rants and shouts outs.     Jay Rosen looks at how independent integrity monitors can assist to continue to health care providers deliver health care services through furthering compliance objectives. Rosen shouts out to the Golden Boy Tom Brady in asking ‘will 8 be enough' to get the chip off Brady's shoulders. Tom Fox sits in this week to discuss continuing HP/Autonomy fight around HP's disastrous acquisition of Autonomy back in 2011. The latest episode occurred with a UK court approved the extradition of former Autonomy founder Mike Lynch to the US to stand trial for criminal charges. Fox shouts out to Neil Gerrard for inventing the phrase ‘global amnesia' for explaining why he lied in sworn testimony during the ENRC trial. Karen Woody sits in as a special guest panelist. Woody discusses the recent SEC enforcement action involving a SPAC and the Ackerman withdrawal of his SPAC purchase of Universal Music. Woody shouts out to second season of Ted Lasso. Matt Kelly considers the compliance lessons from the Tandy Leather SEC enforcement action. Kelly shouts out to restaurants requiring proof of vaccination of potential customers. 5. Jonathan Armstrong discusses what is a Chumba Wumba attack. Armstrong shouts out to author Eric Carle.  The members of the Everything Compliance are: Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com Mike Volkov – One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com Jonathan Armstrong –is our UK colleague, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.com Jonathan Marks is Partner, Firm Practice Leader - Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at marks@bakertilly.com The host and producer, ranter (and sometime panelist) of Everything Compliance is Tom Fox the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network. Resources See Matt Kelly's blog post on Radical Compliance on the Tandy Leather SEC enforcement action. Learn more about your ad choices. Visit megaphone.fm/adchoices

The global push for registries revealing what people and interests lie behind even the most obscure of shell companies is gaining momentum, with a UN special session prompting a renewal of commitment to establishing ownership databases. But while the mounting interest in the registries is being welcomed, the models being embraced by key players in the fight against corruption can differ. Also on today's podcast: The Kazakh mining company ENRC has been under investigation by the UK's Serious Fraud Office since 2013. But in a London court, the company has taken aim at both one of its former lawyers and the SFO itself over their communications in the course of the ongoing probe.

As our thoughts turn towards Memorial Day and what it represents, we contemplate James Bond streaming on Amazon. Jay is now podcasting from a disclosed location, as he and Tom take a look at this week’s stories top compliance and ethics stories which caught their interest on This Week in FCPA in the Shaken Not Stirred edition.  Stories Big corruption trial and great lawyer gossip going on in London, as ENRC sues former lawyer and SFO. Check out these reports in Rueters, here, here and here. Revisiting the FCPA Top 10. Harry Cassin in the FCPA Blog. GDPR turns 3. Neil Hodge reflects in Complinace Week. (sub req’d) Tom and Jonathan Armstrong podcast on Life with GDPR. More anti-trust troubling the world of chicken prodcuers. Mike Volkov in Corruption, Crime and Compliance. What is the intersection of ESG and Compliance. Tom explores the role of compliance here and here. Matt Kelly weighs in on the SEC comments in Radical Compliance. How to lessen extortionware attacks. Rob Shavell in CCI. DFS fines two companies for data breachs. Paul Weiss lawyers in NYU’s Compliance and Enforcement Blog. Internal reporting is down. What does it portend? Andrew Burt in Navex Global’s Ethics Matters. Caremark Developments and the Imperative of Regular Risk Review. William Savittin the Havard Law School Forum on Corporate Governance. What is Bizzaro Malware? Jonathan Rusch explains in Dipping Through Geometries. Podcasts and Events In this episode of The Compliance Handbook, Tom has a great discussion with Hui Chen about her thoughts on the evolution of compliance. Compliance Man Returns with a New Season: True or False? Tom and emerging market compliance special Tim Khasanov-Batirov are back with a new 10-episode season. In Episode 1, they explore how whistleblowers are received in emerging markets. Can’t get out of your Ivory Tower, the check out Compliance Man to learn about compliance in emerging markets. The season’s episodes will post at 7AM over the next few months. Part 1 . Trekking Through Compliance Returns! Tom reviews all 79 episodes of Star Trek, the Original Series beginning June 1. Each day at 3 PM CT on the Compliance Podcast Network. Join K2 Integrity 9 June 2021 to hear a team of experts discuss the benefits of taking a holistic and programmatic approach to preventing, detecting, responding to, and remediating insider threats. Learn more and register here.  Tom announces his latest book, The Compliance Handbook, 2nd edition is available for presale purchase. Use the code FOX25 and go here. The Compliance Handbook 2ndedition will be available in both print and eBook editions. Tom Fox is the Voice of Compliance and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: SFO responds in ENRC suit against former counsel and SFO begins. (Reuters) Dutch court orders Shell to cut carbon emissions. (BBC) Amazon meets James Bond. (NYT) Climate change activists win election to Exxon BOD. (WSJ) Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s edition of Daily Compliance News: ENRC trial against former counsel and SFO begins. (Reuters) Is the Apple app store an ‘essential market’? (WSJ) Former Chadian diplomats charged in corruption case. (WSJ) Climate change activists seek election to Exxon BOD. (NYT) Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, Chris Fisher looks at two cases: the landmark case of Steer v Stormsure which may lead to interim relief becoming available in discrimination cases, and Gerrard v ENRC which relates to whether covert surveillance can ever amount to harassment.

In this episode I visit with Hughes Hubbard partner Michael DeBernardis on the Hughes Hubbard 2018FCPA & Anti-Bribery Alert. We look at some of the key DOJ pronouncements, key enforcement actions, key cases and key international developments.  Highlights from the podcast include: 1.    What is the Hughes Hubbard FCPA & Anti-Bribery Alert?2.    The key DOJ policy pronouncements in 2018 around the FCPA Corporate Enforcement Policy, including the anti-piling on policy, M&A safe harbor and how to avoid a corporate monitor.3.    A review of the key FCPA enforcement actions from 2018, including Petrobras, Credit Suisse, Panasonic Avionics and  Société Générale.4.    2018 saw two rare cases at the Supreme Court impacting the FCPA--Cohen& Hoskins.What do they mean for the compliance practitioner?5.    How did the final decision in the UK in the case ENRC protect internal investigations?6.    What does GDPR mean for FCPA investigations and enforcement going forward.  To see a copy of Hughes Hubbard 2018’s FCPA & Anti-Bribery Alert, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

The baseball playoffs are here.  For the Sox, the hated Yankees. For the Astros, they begin their World Series defense against the Cleveland Indians. Tom and Jay discuss and take a look at some of the week’s top compliance and ethics stories. Styker is now a two-time FCPA loser. Will there be a third? Sam Rubenfeld reports in the WSJ Risk and Compliance Journal. Dick Cassin reports in the FCPA Blog. In a pique of sanity, Elon Musk settles his SEC lawsuit which might have barred him from serving on the Board of a public company. Tim Higgins and Dave Michaels consider the fallout in the WSJ. Both James Stewart, writing in the NYTand Tom Zanki, in Law360 say the Board needs better oversight. Former Chile mining official settles FCPA charges. Dick Cassin reports in the FCPA Blog. Sam Rubenfeld reports in the WSJ Risk & Compliance Journal. The commentary from the Petrobras FCPA enforcement action continues. Tom runs a 3-part series (Part 1, Part 2& Part 3). Mike Volkov weighs in on Corruption, Crime and Compliance. Andy Webb-Vidal explores the 10 ten takeaways from Operation Car Wash on Corporate Compliance Insights. Jonathan Marks looks at it from the ‘Realm of the Obvious’ in his Board and Fraud blog. MLB reportedly under investigation for FCPA violations in Latin America. Cheryl Ring reports in Fangraph. More on ruling on attorney-client privilege in UK. Sam Rubenfled in WSJ Risk & Compliance Journal reports SFO will not appeal ENRC ruling. Andrew Reeves provides five key takeaways in the FCPA Blog. Panasonic Avionics finally get a monitor. Kelly Swanson reports in GIR. Robbing a national bank, think big. Margot Patrick, Gabriele Steinhauser and Patricia Kowsmann report in the WSJ. Women who have behaved badly. Rosmah Mansor, wife of former Malaysian PM Najib Razak charged with money-laundering, Harry Cassin in the FCPA Blog. SFO moves to sieze assets of Gulnara Karimova the eldest daughter of the late Uzbek President Islam Karimoa. Dick Cassin the FCPA Blog. Want a 50% discount to one of the top compliance conferences around? Join Tom and AMI’s Eric Feldman at CONVERGE18 in Denver on October 9-11. I hope you can join me at the event. For information on the event, click here. As an extra benefit to fans of This Week in FCPA, CONVERGE18 is offering a 50% discount off the registrationEnter discount code TOMFOXVIP. The baseball playoffs are here. Tom and gutless wonder Jay discuss. Tom explains why Jay is a gutless wonder. For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

 The concept of privilege in an internal investigation is critical. Two important privileges are the attorney/client privilege and the work product privilege. Unfortunately both are often miss-understood, miss-applied and consequently lost.  One such recent example of the miss-application of the attorney/client privilege was in the trial of former PetroTiger co-Chief Executive Officer (co-CEO) Joel Sigelman has brought the issue of the parameters of the attorney/client privilege yet again. As part of its undercover operation the FBI wired up the then PetroTiger General Counsel (GC), Gregory Weisman, and instructed him to go meet with Sigelman to discuss the payments by the company to the wife of an official of the Columbian state owned energy company Ecopetrol.  Sigelman’s counsel sought to have the video and audio recordings of this meeting suppressed based upon the attorney-client privilege that generally protects open communications between lawyer’s and their clients, where legal advice is sought by the client. To determine whether Sigelman has a valid claim, it is encumbent to understand the parameters of the attorney/client privilege. In an article, entitled “The Evolving Attorney-Client Privilege: Business Entities”, David E. Keltner wrote that under US federal law, the attorney/client applies when the following are present:  A client is seeking legal advice or a lawyer’s services; The person to whom the communication is made is a lawyer or his or her representative; The communication relates to a fact disclosed from a client (a representative) to a lawyer (a representative); Strangers are not present; A client requires confidentiality.  The significance of meeting each of these five prongs is critical. If they are met, “Absent privilege, once the attorney-client privilege is properly invoked – the privilege is absolute.” However the failure to meet Prong 1 is what doomed former co-CEO Sigelman’s efforts; as he was not seeking legal advice. It was former GC Weisman who flew to Sigelman’s home to confront him over the fact that the FBI had come to his house asking questions about the payments made in Columbia. Finally, it is important to note that the attorney/client privilege belongs to the corporation and not to any one individual.  The attorney/client privilege can be waived. While there is a general recognition that “only an authorized agent of a corporation may waive the privilege of the corporation” Keltner advises that the “most frequently encountered instances of losing the privilege through selective disclosure” are in responding to a government investigation; supplying information to a government agency; information disclosed in certain Securities and Exchange Commission (SEC) filings or other required financial disclosures; in certain circumstances disclosures to external corporate auditors or accounting responses; any disclosure made to a third party not affiliated with a lawyer; and insurance disclosures.  How should we apply the above to the situation faced by former co-CEO Sigelman? Was he simply meeting with his lawyer or was he seeking legal advice? As reported by Joel Schectman in the Wall Street Journal (WSJ), in an article entitled “Secret Informant Recordings to be Allowed in PetroTiger Case”, the trial court distinguished between having an attorney/client relationship from the attorney/client privilege. Schectman reported, “a judge in U.S. District Court in Camden said last week that merely having an attorney-client relationship isn’t enough to make all conversations privileged–a client needs to be actively seeking legal advice. “I cannot find a shred of indication that Weisman is there with the intention of giving legal advice to Sigelman,” Judge Joseph Irenas said, “or the converse, that Sigelman was seeking legal advice from Weisman.””  Interestingly the trial court did not opine on the question on who was the client in this situation. My experience is that most CEO-types think of a GC as their personal lawyer. That view is also misplaced as a GC works for a company and the client is the corporation. While he did not have to reach the question of who was the client in the Sigelman/Weisman meeting, the trial court might well have allowed the current corporate owners of PetroTiger to waive any privilege asserted by a former co-CEO. Schectman quoted G. Derek Andreson, a lawyer specializing in the Foreign Corrupt Practices Act, that “Attorney client privilege is often misinterpreted as broader than it is.”  Did the FBI take advantage of some special type of relationship between Sigelman and Weisman? As reported in the article, in his brief attempting to suppress the evidence, Sigelman’s counsel said, ““Messrs. Sigelman and Weisman had a “long standing attorney-client relationship, one that fostered candor and trust between them–as any good attorney-client relationship should. The government took advantage of this trust.”” Such would seem to be the nature of wiring up cooperating witnesses; if they cannot engender trust with those they are speaking to and surreptitiously taping; it would seem they are of little use to authorities.  For the attorney/client privilege to be of use to you, certain hard work must be done to establish the attorney/client privilege in the corporate context. The five prongs listed by Keltner must be fulfilled for the privilege to apply. Simply having a chat with your lawyer or even the company’s lawyer will not invoke the privilege or protect you.  In addition to the attorney/client privilege there is another privilege which can come into play around internal investigations. It is the attorney/work product privilege. Keltner noted, “The attorney-client privilege and the attorney work-product doctrine are often asserted interchangeably. While there is some overlap between the two, the attorney-client privilege is significantly different than the attorney work-product doctrine.” Moreover as “codified in Fed R.Civ. P. 26(b)(3), [the attorney/work product] provides a qualified protection to materials prepared by party’s counsel or other representative in the anticipation of litigation.” The doctrine exists “because it permits lawyers to “work with a certain degree of privacy, free from unnecessary intrusion by opposing parties . . .” The key is that it be prepared in anticipation of litigation Unlike the attorney-client privilege which belongs to a client, work-product immunity may be asserted either by the lawyer or the client. While the attorney-client privilege is included in the Rules of Evidence, the work-product doctrine is included in the Rules of Civil Procedure in the series relating to discovery. This makes it problematic to assert in the context of a criminal investigation.  For in-house lawyers in the UK or EU countries however, there is no such work product privilege. Two recent examples brought up this key difference in US and UK and EU legal systems. First was the raid by German prosecutors of Volkswagen’s outside counsel, Jones Day’s offices for information surrounding the law firm’s investigation relating to the company’s emissions-testing scandal. The raid was based on a court issued subpoena.  The second is the recent judicial decision out of the UK, involving Eurasian Natural Resources Corp. (ENRC). The UK’s highest court held the company must produce to the UK's Serious Fraud Office (SFO) documents the company claimed were privileged, including attorneys' notes of employee interviews conducted during the company's internal investigation. The SFO sought the documents as part of its criminal investigation into allegations of fraud, bribery, and corruption. The court largely rejected ENRC's claims of the work product privilege, holding that it does not apply when a document is not prepared for the sole or dominant purpose of conducting adversarial litigation. ENRC was required to produce the bulk of the contested documents because the investigation was a fact-finding exercise.  Three Key Takeaways Note the differences in the attorney/client and work product privileges. Both privileges can be waived intentionally or through inadvertent conduct. Take care on attorney work product outside the US, where there may be no privilege at all.           Learn more about your ad choices. Visit megaphone.fm/adchoices

Aspire Episode 71: Nov. 28, 2008 A Show about Second LIfe and the Szilverwolf Studio that is Now in the Virtual World. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 71: Nov. 28, 2008 A Show about Second LIfe and the Szilverwolf Studio that is Now in the Virtual World. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 70: Oct 8, 2008 Another Show About Pets! In this show listen to many funny stories about the latest antics in our home! Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 70: Oct 8, 2008 Another Show About Pets! In this show listen to many funny stories about the latest antics in our home! Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 69: Sept 29, 2008 Building Projects of the 1930xs and the Great Depression: Taliesin, Skyscrapers, Hersey Park, and more. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 69: Sept 29, 2008 Building Projects of the 1930xs and the Great Depression: Taliesin, Skyscrapers, Hersey Park, and more. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 68: Aug 17, 2008 Tough times for famous architects during economic turn downs: On this show the Panic of 1893 and Frank Lloyd Wright and Louis Sullivan in Chicago. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 68: Aug 17, 2008 Tough times for famous architects during economic turn downs: On this show the Panic of 1893 and Frank Lloyd Wright and Louis Sullivan in Chicago. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 67: July 20, 2008 Taking business risks during economic turn downs: On this show the Panic of 1873 and Henry Clay Frick in the Coal and Coke Industry. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 67: July 20, 2008 Taking business risks during economic turn downs: On this show the Panic of 1873 and Henry Clay Frick in the Coal and Coke Industry. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 66: July 02, 2008 Interior Decorating and Design - a history with some interesting personalities.. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 66: July 02, 2008 Interior Decorating and Design - a history with some interesting personalities.. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 65: June 14, 2008 Concrete Part Three of Materials Series. Some history, architecture, and engineering works. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 65: June 14, 2008 Concrete Part Three of Materials Series. Some history, architecture, and engineering works. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 64: May 17, 2008 Part One of a Visit to the Zoo. A walk at the zoo to look at native Florida wildlife.. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 64: May 17, 2008 Part One of a Visit to the Zoo. A walk at the zoo to look at native Florida wildlife.. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 63: May 11, 2008 Glass & Glazing in architecture and engineering. From the development of glass to the modern glass curtainwall building system.. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 63: May 11, 2008 Glass & Glazing in architecture and engineering. From the development of glass to the modern glass curtainwall building system.. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 62: April 24, 2008 Iron & Steel in architecture and engineering. The real designer of the Eiffel Tower and more. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 62: April 24, 2008 Iron & Steel in architecture and engineering. The real designer of the Eiffel Tower and more. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 61: April 4, 2008 The prolific African American architect of Paul R. Williams from Los Angeles Ca. Architect to the Stars. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 61: April 4, 2008 The prolific African American architect of Paul R. Williams from Los Angeles Ca. Architect to the Stars. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 60: March 16, 2008 The wild Florida of old and an update on cats and dogs living together. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 60: March 16, 2008 The wild Florida of old and an update on cats and dogs living together. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 59: March 09, 2008 An informal walk in Florida looking at Florida Residential Architecture in a Tampa Neighborhood. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 59: March 09, 2008 An informal walk in Florida looking at Florida Residential Architecture in a Tampa Neighborhood. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 58: Feb. 24, 2008 Otto Wagner and Odon Lechner. More on the Secessionists of architecture in Vienna and Budapest. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 58: Feb. 24, 2008 Otto Wagner and Odon Lechner. More on the Secessionists of architecture in Vienna and Budapest. Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 57: Feb. 10, 2008 A Short Talk about Japanese Gardens, the Zen Garden and Buddha Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC

Aspire Episode 57: Feb. 10, 2008 A Short Talk about Japanese Gardens, the Zen Garden and Buddha Listener Feedback at aspire@szilverwolf.com or 813-249-9222 Copyright © 2008 Szilverwolf LLC