Conference programme

The principle of environmental, social and governance (ESG) is an important concept that companies consider when making decisions. It encompasses a broad range of factors that stakeholders use to assess a corporation’s standards, evaluate future financial performance and manage risk. The complex ESG landscape requires a holistic approach, combining an in-depth knowledge of global investigation trends as well as international and national laws relevant to a certain industry. Connected to ESG are several considerations, including reporting and disclosures, corporate governance and due diligence, business and human rights, the climate crisis, environmental issues, the energy transition, sustainable finance and impact investment. Mismanaging ESG considerations can lead to legal issues, reputational harm and financial losses.

Recovery of assets in a different jurisdiction is always difficult, but an even more complex task is how to recover those assets when criminal authorities are after the same thing. Is speed the driving consideration? Is jurisdiction? Is insolvency? Is witness cooperation? Some of the more innovative answers – splitting the assets, dividing the proceedings and slowing down rather than speeding up – will provide for a dynamic and interesting panel that will focus on cases where clever thinking and fast action have meant that attempted recovery by a government hasn’t hindered the client’s recovery – or at least, not too much.

Board members are often required to make difficult decisions when their companies face financial distress or enter an insolvency zone. In such circumstances, the fiduciary duties of directors are typically under great scrutiny, particularly in bankruptcy proceedings, in the context of which investigations into the potential civil and criminal liability of officers and board members are not uncommon. This panel will explore the intersection of insolvency and the potential criminal liability of board members, with a focus on common pitfalls and practical approaches for board members navigating their companies through financial distress.

This panel will explore how fraud is addressed across legal systems, focusing on the contrasting remedies available under common law and civil law traditions. Speakers will examine procedural tools, evidentiary standards and enforcement mechanisms. The discussion will highlight how jurisdictional differences impact asset recovery, injunctive relief and the role of criminal proceedings in civil claims. Attendees will gain insights into strategic considerations when litigating fraud across borders and how legal culture shapes the pursuit of justice.

The boundaries of legal privilege are being tested as never before. Civil litigators, criminal defence counsel, and investigators in white-collar matters all grapple with the question of what communications and materials are protected, and of when disclosure obligations override those protections. In this session, the speakers will explore strategic considerations for lawyers advising clients whose disputes straddle the regulatory, criminal and civil arenas, including strategies for preserving privilege in high stakes matters.

This panel will examine the responsibilities of civil judges when evidence of a criminal offence emerges during civil litigation. Key issues include the duty to report, limits of judicial competence, procedural and ethical considerations and how different legal systems address such situations. The discussion aims to clarify best practices while balancing judicial neutrality and the administration of justice.