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Responding to Enforced Disclosure & Production Notices – the essentials with Keith Hood

Description

In an era where businesses are receiving increasing numbers of demands to disclose information and/or documents to law enforcement or regulator, this one-hour webinar is by a practitioner for practitioners and seeks to give a practical overview of the essentials that businesses, and particularly the individuals who are responsible for receiving and responding to such demands, should know to enable them to effectively react to and manage the multi-facetted impact of receiving enforced disclosure demands.

Course Content

  • Preparing a structural approach – aide memoire

  • Who is asking? (Law Enforcement, Regulator, Tax Authority)

  • Criminal v Civil Notices

  • Assessing the Notice

  • Quantifying the impact - records and archives searches

  • Managing communications – up / down / local / internal (inc parent), external (inc. Insurers)

  • Challenging and negotiating variations to Notices

  • Duty of confidentiality to clients v complying with demands

  • SARS and Tipping Off

  • Responding to the Notice

  • Record Keeping and evidencing compliance

  • Secondary Notices

Learning Outcomes

  • Being ready for ‘when’ not ‘if’ - creating an aide-memoire

  • How to properly assess demands

  • How to evidence compliance, including records searches

  • How to assess records to disclose – filters to apply

  • Preparing a response

  • How to maintain a clear audit trail of compliance that will stand up to scrutiny

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