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Implications of SFO reforms to privileged material

The Serious Fraud Office is working on clarifying the rules on reporting fraud and corruption in an effort to encourage more companies to come forward when they unearth wrongdoing. Alistair Graham, partner, and Paul Whitfield-Jones, senior associate, of Mayer Brown International LLP, consider the legal implications over privileged material

In a speech in April, the director of the Serious Fraud Office (SFO), Lisa Osofsky warned that companies which throw a ‘blanket’ of legal privilege over material collected during an internal investigation will not be regarded as cooperative, and this could impact the SFO's decision about whether to enter into negotiations on a deferred prosecution agreement (DPA).

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