How Are You Responding To Environmental Incidents?

In March the Munich offices of international law firm Jones Day, were raided by prosecutors in the VW emissions investigation. This breach of the law firm citadel has shone a bright light on the confidentiality of documentation and the importance of legal privilege. Privilege protections are specific in each jurisdiction, and in England apply to advice between lawyer and client (legal advice privilege) and to a broader range of documents produced to defend litigation (litigation privilege).

The alarm bells are not limited to the most high profile of cases, or to Germany. In May, the High Court delivered a judgment in which it found that litigation privilege in respect of criminal proceedings will only be a real prospect once a client believes prosecution is highly likely. This presents challenges in the context of pollution events, which will often trigger immediate investigation. Even if the dominant purpose of the investigation is to defend against potential