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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Legal Developments Worldwide

Articles contributed by WilmerHale

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Sanctions and export controls: ignorance 
is not bliss


July 2013 - Fraud and Corporate Crime. Legal Developments by WilmerHale.

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WilmerHale currently authors the Fraud and Corporate Crime section of The In-House Lawyer magazine. For more information and articles from this author click here.

The calm before 
the storm: are 
you prepared for 
a dawn raid?

May 2013 - Fraud and Corporate Crime. Legal Developments by WilmerHale.

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WilmerHale currently authors the Fraud and Corporate Crime section of The In-House Lawyer magazine. For more information and articles from this author click here.

The start of a dawn raid is often the first time a company or individual learns that they are the subject of an investigation. Knowing what to do during the first minutes of a dawn raid is vital. Ensuring that a company’s receptionist, employees and senior management all know what role they have to play in effectively managing the arrival of investigators at the company’s front door and the subsequent search is essential. Attempting to formulate such a plan of action once the raid has begun is not practical and therefore the key to handling a dawn raid is preparation and detailed planning. 


Privilege revisited: privilege issues in internal investigations‚Ä©

April 2013 - Fraud and Corporate Crime. Legal Developments by WilmerHale.

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WilmerHale currently authors the Fraud and Corporate Crime section of The In-House Lawyer magazine. For more information and articles from this author click here.

Following the recent Supreme Court decision in R (on the application of Prudential plc) [2013], confirming that legal advice privilege does not attach to accountants or anyone else outside the legal profession, this seems an appropriate time to revisit the application of the principles of privilege within the context of internal investigations. We examine in this article the key issues relating to privilege that thoes conducting internal investigations should be aware of, predominantly in England and Wales, but also, where applicable, from a US and European law perspective.

Consent and connivance: the criminal liability 
of directors and 
senior officers

February 2013 - Fraud and Corporate Crime. Legal Developments by WilmerHale.

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WilmerHale currently authors the Fraud and Corporate Crime section of The In-House Lawyer magazine. For more information and articles from this author click here.

In our November article, ‚ÄėEstablishing the criminal liability of corporations', we looked at how liability for criminal offences can attach to corporations, where the commission of the offence is attributable to someone who was at the material time the ‚Äėdirecting mind and will' of the company.1 This article looks at the related issue of how criminal liability can attach to individual directors and senior officers as a result of actions taken by those whom they manage.‚Ä©

Global trends in 
anti-corruption: 
is the OECD levelling the playing field?

December 2012 - Fraud and Corporate Crime. Legal Developments by WilmerHale.

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WilmerHale currently authors the Fraud and Corporate Crime section of The In-House Lawyer magazine. For more information and articles from this author click here.

There can surely be few enterprises carrying on a business in the UK who remain unaware of the provisions of the UK Bribery Act 2010 (the Bribery Act). That such enterprises may be prosecuted in the UK courts for their failure to prevent bribery committed on their behalf, however far flung the location, has been the hot legal topic for at least the last 18 months.‚Ä©

Establishing the criminal liability of corporations

November 2012 - Fraud and Corporate Crime. Legal Developments by WilmerHale.

More articles by this firm.

WilmerHale currently authors the Fraud and Corporate Crime section of The In-House Lawyer magazine. For more information and articles from this author click here.

In the government’s recent 
consultation on the introduction of 
deferred prosecution agreements (DPAs), one of the reasons given in favour of them was that DPAs would assist with the difficulties of establishing the necessary mens rea of many corporate criminal offences.1 The logic of this is questionable, but, given the current focus on DPAs as a potential enforcement tool, it is worth exploring why corporations are so difficult to prosecute under the current law, and the possible alternatives. 


Wrestling with the Data Protection Act 1998

October 2012 - Fraud and Corporate Crime. Legal Developments by WilmerHale.

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WilmerHale currently authors the Fraud and Corporate Crime section of The In-House Lawyer magazine. For more information and articles from this author click here.

The beginning of any kind of internal investigation is a fraught time for in-house lawyers. Whether the investigation has ‚Ä®been triggered by suspected corrupt conduct, accounting irregularities or the inklings of attention from a prosecutor, things usually need to happen fast and thinking time can be scarce. 

The SFO: a new director, a new beginning?

September 2012 - Fraud and Corporate Crime. Legal Developments by WilmerHale.

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When David Green QC took over from Richard Alderman as director of the Serious Fraud Office (SFO) in April this year, he inherited an organisation in crisis. Still reeling from budget cuts and speculation over its future in 2011, the SFO was fast heading for an embarrassing defeat in one of its most highly publicised cases ‚Äď its criminal investigation into Vincent Tchenguiz, a high-profile businessman and one of several individuals arrested in a blaze of publicity in March last year in relation to the collapse of Kaupthing Bank hf. ‚Ä©

Deferred Prosecution Agreements and a tough new director at the SFO: is a rush to the...

July 2012 - Fraud and Corporate Crime. Legal Developments by WilmerHale.

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negotiation table in order?

After many months promoting the introduction of Deferred Prosecution Agreements (DPAs) in the UK, the solicitor general, Edward Garnier QC, is close to securing his goal. With strong government backing, the support of the incoming director of the Serious Fraud Office (SFO), and, according to Mr Garnier, of the city firms and non-governmental organisations he has consulted, he is confident they will be introduced in the UK by the end of the year, following a consultation period that ends in August. ‚Ä©