Not exact matches
They also are seeking any documents, «including those developed
during the
course of an
investigation,» held
by any office in the executive office
of the president «that were never communicated to the Department
of Defense or Offices
of Inspector General.»
During the
course of Bharara's federal
investigation, the Cuomo administration in several instances denied FOIL requests
by citing a different exemption: that certain records were being «compiled» for «law enforcement purposes.»
It's the last
of these that repeatedly takes center stage
during the
course of Malick's fifth magnum opus, as a title - card quote from the Book
of Job intriguingly open this metaphysical
investigation into suffering and forgiveness — a bibilical reference to set the stage for a drama gripped
by the question
of why a father, and our heavenly Father, might hurt the very ones he claims to love.
If,
during the
course of the
investigation, proof comes to light
of other misdealings
by the publishers that's their problem.
In Serious Fraud Office (SFO) v Eurasian Natural Resources Corporation Ltd6 the court held that documents prepared
during the
course of a criminal
investigation were not covered
by litigation privilege, even though there was likely to be (and eventually was) a criminal
investigation by the SFO into the alleged misconduct.
In light
of these decisions, information gathered or documents prepared
during the
course of an internal
investigation, even if prepared
by a lawyer and even in circumstances where a criminal
investigation is imminent or underway, may not be protected
by legal professional privilege.
But,
of course, lying to law enforcement officers in an official criminal
investigation, or lying to a court
during a court proceeding, is a crime, even
by a victim
of that crime, even though lies
of that type are rarely prosecuted.
If the privilege is inapplicable or unclear, counsel should, initially, be aware that communications pertaining to their clients that were generated
during the
course of an internal
investigation under the direction and supervision
of in - house counsel, as opposed to locally licensed external counsel, may not be privileged and may be subject to discovery
by authorities and third parties.73 Privilege protections may also not apply to documents and communications generated
during internal
investigations under the direction or supervision
of an internal or external compliance or audit team.
In addition, the Competition Act 1998 (as amended) provides that findings
of fact made
by the CMA
during the
course of an
investigation (which have not been appealed, or which have been confirmed on appeal) which are relevant to an issue arising in certain competition law proceedings before the High Court (or the CAT) are binding on the parties to those proceedings, unless the court (or the CAT) orders otherwise.
Examples
of such cases are Chandler v Cape Plc [2011] EWHC 951 (QB)(liability
of non-employer for exposure to asbestos), Kynixa Ltd v Hynes and others [2008] EWHC 1495 (QB)(claims arising from alleged breaches
of restrictive covenants in employment contracts), Romantiek BVBA v Simms [2008] EWHC 3099 (QB) a claim alleging that a public official had committed the tort
of misfeasance in public office when discharging a licensing function, OOO and others v The Commissioner
of Police for the Metropolis [20011] EWHC 1246 (QB)(claims
by young foreign females that they had been trafficked into the UK
by foreign nationals for the purpose
of slavery and that officers
of the Metropolitan Police Force breached their human rights in failing to investigate their complaints adequately or at all) and Mouncher and others v The Chief Constable
of South Wales Police [2016] EWHC 1367 (QB)(claims
by retired and serving police officers for false imprisonment, misfeasance in public office and malicious prosecution against South Wales Police arising from an
investigation by officers
of that force into alleged criminal conduct on the part
of the claimants
during the
course of an
investigation into a notorious murder in South Wales.
Yesterday's big news was the Federal Trade Commission's confirmation that it is investigating Facebook, and you can be sure that CEO Mark Zuckerberg will comply with any requests made
by the FTC
during the
course of its
investigation.