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Clifford Chance

Clifford Chance
Risk Insights<br />

Risk Insights

Analysis and opinion on boardroom risk trends and issues

Clifford Chance contributes to the fifth edition of Global Investigation Review's Practitioner’s Guide

Fifth edition of "The Practitioner’s Guide to Global Investigations" published in March 2021.

Global Investigations Review (GIR) has published the fifth edition of its practical guide for external and in-house counsel, compliance officers and accounting practitioners. Chapters are authored by leading practitioners from around the world.

The Guide tracks the lifecycle of a serious issue, from its discovery through investigation and resolution, and the many steps, considerations and decisions along the way - and at each critical point, includes chapters from the perspective of experienced practitioners across the globe.

Clifford Chance partners Christopher Morvillo and Luke Tolaini are co-editors of the guide, alongside Judith Seddon (Ropes & Gray LLP), Eleanor Davison (Fountain Court Chambers), Michael Bowes QC (Outer Temple Chambers), Ama A Adams (Ropes & Gray LLP) and Tara McGrath (formerly Clifford Chance). Lawyers from our Hong Kong, Sydney, Perth, London and New York offices also contributed to chapters. 

Key takeaways from Clifford Chance's 2021 chapters:

  • Monitorships – This chapter examines the history of monitorships on both sides of the Atlantic and details the best practices for navigating the complex process of monitorships, including when and what type of monitors are appropriate; the selection of the monitor; defining the scope and duration of the monitor; issues relating to the reports and recommendations of the monitor; and costs of the monitor.
  • Whistleblowers: The US Perspective – This chapter analyses US whistleblower protection and anti-retaliation laws, focusing on those applicable to the securities industry and public companies. The piece also provides recommendations for best practices in preparing for, and responding to, whistleblower reports.
  • Hong Kong – This chapter covers key principles and hot topics, including the ongoing regulatory focus on corporate fraud and misconduct including that by directors; the continued rise in anti-money laundering actions and related internal control failures; the expectation of closer co-operation between the Hong Kong Securities and Futures Commission and the Chinese Securities Regulatory Commission; and increased joint operations between enforcement agencies within Hong Kong.
  • Australia – This chapter covers the increased focus on the financial services industry since a Royal Commission into the sector concluded in early 2019; the potential impact of the corporate watchdog's "why not litigate" approach on settlement prospects; the proposed introduction of deferred prosecution agreements in the near future; and the introduction of legislation relating to bribery offences.

Read more about the guide here.