Nuanced - privilege in parallel US/UK investigations

Charles Thomson (+44 20 7919 1879, charles.thomson@bakermckenzie.com) is a partner in the Dispute Resolution Practice Group in London; William Devaney (+1 212 626 4337, william.devaney@bakermckenzie.com) is a partner in the North America Litigation group in New York; Jennifer Reeves (+44 20 7919 1934, jennifer.reeves@bakermckenzie.com) is a senior associate in the Dispute Resolution Practice Group in London; Matt Totman (+44 20 7919 1032, matthew.totman@bakermckenzie.com) is a senior associate in the Dispute Resolution Practice Group in London (currently on secondment to New York) and Jodi Pandolfi (+1 305 789 8982, jodi.pandolfi@bakermckenzie.com) is an associate in the Dispute Resolution Practice Group in Miami.

Confidentiality of communications between lawyer and client, and of documents created in connection with adversarial legal or regulatory proceedings, while ostensibly very similar in the UK and US, are sufficiently different to demand careful navigation when investigations touch both jurisdictions. Charles Thomson, William Devaney, Jennifer Reeves, Matt Totman and Jodi Pandolfi of Baker McKenzie examine the distinctions in approach under the two legal systems and present guidance on how to address disclosure risk.