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DOJ Unveils New Policies to Incentivize Responsible Corporate Citizenship and Deter Wrongdoing

On September 15, 2022, before an audience at NYU School of Law that included the Director of the SEC’s Enforcement Division Gurbir Grewal, U.S. Attorneys for the Southern District of New York and District of New Jersey, and several line prosecutors, Deputy Attorney General Lisa O. Monaco announced important changes to corporate criminal enforcement. These changes are the result of ongoing study by the DOJ’s Corporate Crime Advisory Group, a group of DOJ experts tasked with a review of corporate enforcement efforts, which Monaco first publicized last October. During her most recent remarks, Monaco emphasized that the DOJ will implement a combination of incentives and deterrents to “make the business case for responsible corporate behavior” and shift the burden of corporate financial penalties away from shareholders. The Department also released an accompanying memorandum further describing the changes. Monaco’s remarks make clear that the DOJ is taking concrete steps to accompany the more aggressive prosecutorial stance against corporate crime that it adopted last October.

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Legal Advice Privilege – HK Court of Appeal Steers Away from Three Rivers


Time to Read: 1 minutes Practices: Government Enforcement / White Collar Criminal Defense

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On June 29, 2015, the Court of Appeal of the HKSAR handed down an important judgment relating to legal advice privilege. 

The Court of Appeal decided to adopt the “dominant purpose test” when considering whether legal advice privilege should attach to a document that disagrees with the restrictive definition of “client” adopted by the English Court of Appeal in the case of Three Rivers (No.5)

Consequently, whether legal advice privilege applies to an internal confidential document depends on whether it was produced or brought into existence with the dominant purpose that the document or its contents be used to obtain legal advice. The judgment is likely to be broadly welcomed in the in-house legal community. 

The case is Citic Pacific Limited v. Secretary for Justice CACV 7/2012, and the judgment is available on the Hong Kong Judiciary website here.


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