Expert Analysis

• Why English Courts Are Prepared To Assist Cyber Victims

  

  This year, a number of cases have illustrated how English courts are dealing with legal hurdles for cybercrime victims and making it easier to obtain a freezing order or injunction under such circumstances, says Fiona Cain of Haynes and Boone LLP.

• Extradition To The United States: Fight Or Flight?

  

  Recent extradition cases have demonstrated that individuals in the United Kingdom facing charges in the United States can either fight extradition proceedings tooth and nail, or voluntarily travel to the U.S. An approach carefully tailored to the facts of each case is required in order to best protect a requested person's interests, says Ben Isaacs of 7 Bedford Row.

• UK Internal Investigations Are Taking An Ungainly Turn

  

  The London High Court's decision in Serious Fraud Office v. Eurasian Natural Resources Corporation has a lot to say on the vitality of legal professional privilege and the conduct of internal investigations in the U.K., but its flawed logic and lack of pragmatism feel like the latest installment in SFO Director David Green's pushback against U.S.-style investigation procedures, say Matthew Herrington and Tom Best of Steptoe & Johnson LLP.

• Once More Unto The Breach — Rehearing In Newman?

  

  On Friday, the U.S. Attorney’s Office for the Southern District of New York decided to seek appellate review of several aspects of the recent insider-trading decision in U.S. v. Newman and Chiasson. En banc rehearing petitions are rarely granted in any circuit, and are particularly rare in the Second Circuit, which hears the fewest number of rehearings of any circuit in the country, say Eugene Ingoglia and Gregory Morvillo of Morvillo LLP.

• UK Tax Advisers Are Beyond Legal Advice Privilege

  

  A recent judgment from the U.K. Supreme Court in one of the most significant decisions on legal advice privilege for many years. Prudential PLC v. Special Commissioner of Income Tax, which dealt a blow to tax advisers and other nonlegally qualified service providers who provide legal advice to their clients, confirmed that — consistent with the position in the U.S. — legal advice privilege only protects communications to or from a qualified lawyer, say Richard Hornshaw and Daniel Cohen of Bingham McCutchen LLP.