Data Interrogation and Privilege Overview

Our expert team manages the most complex domestic and cross-border discovery, forensic disclosure and data management projects in Ireland. We are market leaders, embracing emerging domestic and international trends and new technologies in the ever evolving data management market. We pioneered the use of Technology Assisted Review (“TAR”) in the context of e-discovery in Ireland. We also regularly use TAR for investigations and fact finds.

Our cross-disciplinary team consists of lawyers, project managers and technical advisers working closely with innovative service providers. We are software platform agnostic, meaning that we will help you choose the right technology for the task.

We have unique and unparalleled experience advising corporates faced with criminal and regulatory investigations and prosecutions and advising them when navigating evidentiary and disclosure challenges. In particular, we advise corporate clients on the structures to put in place when commencing an internal investigation, whether in an adversarial or non-adversarial context, and when dealing with evidentiary matters such as protecting legal privilege.

Our work

  • Managing all aspects of our clients’ data management and disclosure projects in investigations and other contentious contexts
  • Advising on and satisfying disclosure and due process obligations
  • Managing confidentiality and protecting non-relevant commercially sensitive information
  • Protecting organisations from civil liability for breach of confidence, privacy or data protection claims
  • Developing privilege protocols with regulators and structured limited waiver arrangements with prosecutors to ensure that individuals subject to prosecution have access to all relevant material without jeopardising privilege more generally
  • Managing the engagement of external experts and their role in an investigation to ensure that privilege is maintained with full defensibility
  • Anticipating risks and dealing with inadvertent waiver of privilege, where it may be possible depending on the circumstances to recover privilege in respect of key documentation
  • Ensuring defensibility and, where necessary, defending challenges to privilege either within the regulatory or investigations process or in court
  • Acting as independent assessors or dealing with privilege review by independent assessors in the context of regulatory processes