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13.07.2018

GSK Update: No fundamental rights protection against seizure of internal investigations reports in foreign law firms

The German Federal Constitutional Court decided on July 6, 2018 to not admit constitutional complaints of a German automotive OEM, of an U.S. law firm and of three of its attorneys.
In essence, securing documents in a search of a U.S. law firm´s office in Germany is not objectionable under German constitutional law. Foreign law firms operating predominantly outside Germany or the European Union are not holders of fundamental rights and can accordingly not file constitutional complaints.

Our GSK Update provides a brief analysis of the recent decisions of the German Federal Constitutional Court and offers an outlook on potential new rules incentivizing  increased compliance management efforts in corporations.

The GSK Update is available as download.