Litigation | 03 May 2019

The first an investor may hear about damaging wrongdoing within a company is when it is publicly revealed and the share price plummets. But usually the company itself will have become aware of allegations for some time, whether via a whistleblower or regulator probe. The paper trail created internally in gathering factual information for the company to seek its own legal advice can often become crucial in a later shareholder action, and the English disclosure and privilege regimes may allow claimants wider access to these documents than in other jurisdictions. On the flip side, claimants need to be wary of properly protecting the documents that they create in litigation from other parties. [Continue Reading]