"German Investigations: Raid on US Law Firm Not Unconstitutional, Country’s Highest Court Finds"
Publications
July 10, 2018
A ruling on 6 July 2018 by Germany’s Federal Constitutional Court (Bundesverfassungsgericht) has held that a prosecutor’s raid of the offices of a US law firm and the seizure of certain documents was not unconstitutional.[1] The law firm, Jones Day, had appealed an earlier ruling of the Munich District Court (Landgericht), arguing that documents seized by the prosecutor in the raid had been protected under professional secrecy rules. This latest ruling means that the 131 documents seized from Jones Day in the raid, which relate to Jones Day’s representation of Volkswagen in the ongoing emissions case, can now be used by the Munich Prosecutor’s Office in its investigation.
This ruling removes any uncertainty as to whether documents from an internal investigation in Germany held by lawyers advising a client were protected; it is now clear that they are not under the German concept of professional secrecy rules. This latest ruling raises important questions for both clients and foreign law firms undertaking internal investigations in Germany.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Publications
July 10, 2018
A ruling on 6 July 2018 by Germany’s Federal Constitutional Court (Bundesverfassungsgericht) has held that a prosecutor’s raid of the offices of a US law firm and the seizure of certain documents was not unconstitutional.[1] The law firm, Jones Day, had appealed an earlier ruling of the Munich District Court (Landgericht), arguing that documents seized by the prosecutor in the raid had been protected under professional secrecy rules. This latest ruling means that the 131 documents seized from Jones Day in the raid, which relate to Jones Day’s representation of Volkswagen in the ongoing emissions case, can now be used by the Munich Prosecutor’s Office in its investigation.
This ruling removes any uncertainty as to whether documents from an internal investigation in Germany held by lawyers advising a client were protected; it is now clear that they are not under the German concept of professional secrecy rules. This latest ruling raises important questions for both clients and foreign law firms undertaking internal investigations in Germany.
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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