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Global crisis management handbook


Clearly Gottlieb


Digital - [No definido] - C43


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Chapter 1: Managing The First Response. Introduction. How can a Global Crisis begin. Assessing and Managing the Crisis. The First Response. Maintaining Flexibility Throughout the Investigation. Preparation Is Key. Chapter II: Responding to Requests From Authorities. Introduction. Compulsory Requests for Information. Requests for Voluntary Disclosure. Conclusion. Responding to Requests from Authorities in the United States. Compulsory Requests for Information in the United States. Responding to Compulsory Requests. Limitations on Data Dissemination in the United States. Attorney- Client Privilege and Attorney Work Product. Confidential Supervisory Information. Suspicious Activity Reports. Responding to Requests from Italian Authorities. Requests from the Public Prosecutor. Requests from Other Law Enforcement Authorities and Regulatory Agencies. Responding to Requests from Authorities in the United Kingdom. SF0 Powers to Compel Production—Section 2 Notices. FCA - Powers and Practice. Chapter III: Conducting an Internal Investigation. Introduction. Establishing the Investigative Plan. Gathering Background Facts. Document Preservation, Collection & Review. Conducting Interviews. Reporting: Disclosing the Investigation Results. Potential Responsive Actions. Cross-Border Considerations. Conclusion. Chapter IV: Preserving Legal Privilege. Introduction. The United States. Introduction. What Law Will Apply. What Are the Privileges). Waiver of Privileges. Steps to Preserve Privilege During Government Investigations. England and Wales. Key Differences Between English and U.S. . privileges. Choice of Law. Legal Advice Privilege. Litigation Privilege. Working Papers Privilege. Loss of Privilege. France. Professional Duty of Secrecy.. Exceptions to Professional Secrecy. Waiver of Professional Secrecy. In-house Counsel. Germany. Attorneys’ Professional Duty of Secrecy. Attorneys’ Right to Refuse Testimony. Protection of Communication and Confidential Documents. Conclusions from Case Study. In-house Counsel, Counsels’ Agents, and Privilege under EU Law. Italy. Professionals Entitled to Claim Legal Privilege. Issues of Privilege Relating to Evidence in Italian Civil Litigation. Legal Privilege Rights Under the Lawyer’s Code of Ethics. Legal Privilege for In-house Counsel. Waiver of Legal Privilege. Maximizing Protection of Confidentiality. Brazil. The Privileges. Waivers of Privilege. Russia. Legal Privilege: General. Advocate Privilege. Exceptions to Advocate Privilege. Waiver of Advocate Privilege. Responsibility & Consequences. Other Jurisdictions. Recognizing the Potential Issues. Preserving Privilege in Jurisdictions that Do Not Recognize Legal Privilege. Disclosure of Privileged Information—Mitigating The Risk. Chapter V: Data Privacy & Blocking Statutes. Introduction. European Union & Switzerland. Introduction. General Principles. Processing Personal Data. Cross-border Transfers of Personal Data. The French Blocking Statute. Swiss Data Privacy Rules and Blocking Statute. Data Privacy, Professional Secrecy & Blocking Statutes in Brazil. Information RequestedObtained by Brazilian Authorities and Third Parties. Investigation of Criminal Organizations, Crimes Committed Abroad, and Terrorism. Professional Secrecy. Internal Investigations. Data Privacy in Russia. Framework and Types of Data. Recent amendments to PDL. Cross-border transfer of personal data. Employee Data Protection. Chapter VI: Employee Rights and Privileges. Introduction. Employee Rights and Privileges in the United States. Corporate Obligations to Advance Attorney’s Fees When Employees Face. Legal Trouble. Director and Officer (“D&O”) Insurance for Corporate Indemnification. Obligations. Whistleblower Protections for Employees Employment-based Protections Compliance with European Data Privacy Law Employee Rights and Privileges in the United Kingdom U.K. Whistleblowing Regime Employee Rights and Privileges in Italy Employee Rights and Privileges in Germany Employee Rights and Privileges in France What Can a Company Do with Employee Communications Employee Rights and Privileges in Brazil Employee Rights and Privileges in Russia Chapter VII: Cooperation Introduction What Is Cooperation When Should a Company Cooperate) Considerations for Determining Cooperation Risks Benefits of Cooperation Prevention Maintaining a Record of Cooperation Practically Speaking, What Does Cooperation Look Like To SettleNot To Settle Chapter VIII: Public Relations & Message Management Introduction Assembling the Team Deciding Whether and When to Make Public Statements After a Crisis Delivering the Message Public Relations & Message Management in the U.S Delivering the Message Public Relations & Message Management in Europe Chapter IX: Collateral Considerations . Introduction Planning for Multiple Investigations from the Outset Consider Downstream Consequences of Production and Settlement Navigating Simultaneous Requests from Multiple Authorities Types of Follow-On Civil Litigation Further Considerations Checklists


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