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  • Article

    Madoff Directors "Vindicated" By English High Court

    This important case confirms that it is not a breach of duty for a director to "defer" to the views of others, nor does a director have to resign merely because he disagrees with a course of action proposed by his board, or shareholders.
    United KingdomCorporate/Commercial Law
    Travers Thorp Alberga
    Travers Thorp Alberga
  • Article

    Case Note: KBR Inc. v SFO

    On 6 September 2018 the UK High Court handed down its judgment in the application for judicial review brought by KBR Inc. ("KBR") against the Director of the Serious Fraud Office ("SFO").
    United KingdomCriminal Law
    WilmerHale
    WilmerHale
Article

First Monetary Penalties Issued For Breach Of UK Data Protection Act

The UK data protection watchdog, the Information Commissioner's Office ("ICO "), has today handed out the first 'fines' for serious breaches of the Data Protection Act 1998 ("the Act").
United KingdomCriminal Law
MacRoberts
MacRoberts
  • Article

    UK Publishes New Russia Sanctions Legislation Expanding Designation Grounds

    As mentioned in our previous post, in recent weeks the UK has issued various statements in relation to the possibility of additional sanctions on Russia in response to the current situation in Ukraine...
    United KingdomCriminal Law
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Unexplained Wealth Orders: Now In Force

    The new Unexplained Wealth Orders regime came into force on Wednesday 31 January 2018.
    United KingdomCriminal Law
    Mishcon de Reya LLP
    Mishcon de Reya LLP
  • Article

    Balancing Human Rights Protections And International Obligations In The Post-Brexit UK Sanctions Regime: John Binns Writes LexisNexis Case Note

    BCL partner John Binns's corporate crime analysis for ‘R (Youssef) v Secretary of State for Foreign, Commonwealth and Development Affairs' has been published by Lexis PSL.
    United KingdomGovernment, Public Sector
    BCL Solicitors LLP
    BCL Solicitors LLP
  • Article

    FCA Enforcement Performance: Part 2 – The Forex Effect

    Citibank, JPMC and UBS have also faced huge fines from their home regulators, including the CFTC and Finma.
    United KingdomCriminal Law
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    FSA Review Into Anti-Bribery And Corruption Systems And Controls In Investment Banks

    On 29 March, the UK’s Financial Services Authority ("FSA") published the findings of its recent thematic review into anti-bribery and corruption systems and controls in investment banks.
    United KingdomCriminal Law
    WilmerHale
    WilmerHale
  • Article

    Collapse of OFT's Case Against One Current and Three Former BA Executives

    The Office of Fair Trading (OFT) announced on 10 May 2010 that it has dropped its criminal proceedings against one current and three former executives of British Airways (BA) following a significant collapse in the prosecution’s evidence.
    United KingdomAntitrust/Competition Law
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Charities And The Bribery Act 2010

    The Bribery Act 2010 (the "Act") received Royal Assent on 8th April 2010.
    United KingdomCorporate/Commercial Law
    Charles Russell Speechlys LLP
    Charles Russell Speechlys LLP
  • Article

    Corporate Criminal Liability – Economic Crime And Corporate Transparency Act 2023

    The Economic Crime and Corporate Transparency Act 2023 (ECCTA) expands corporate criminal liability by broadening the identification doctrine to include "senior management" beyond company officers. This statutory test aims to ensure legislative certainty and deter senior management from committing economic crimes within their authority.
    United KingdomCorporate/Commercial Law
    Kuits Solicitors
    Kuits Solicitors
  • Article

    Deferred Prosecution Agreements

    Deferred Prosecution Agreements (‘DPAs’) are voluntary agreements due to come into force on 24 February 2014, pursuant to which a prosecutor and an organisation can agree that, as long as certain terms of the DPA are satisfied the prosecutor will initially suspend and eventually terminate criminal prosecution of the organisation.
    United KingdomCorporate/Commercial Law
    Withers LLP
    Withers LLP
  • Article

    Sanctions, Frozen Assets, Disclosure Risks – The Responsibilities Corporates Have Under Law

    How much do businesses that operate in the UK need to worry about financial crime?
    United KingdomCorporate/Commercial Law
    BCL Solicitors LLP
    BCL Solicitors LLP
  • Article

    The Bribery Act 2010… More Questions Than Answers

    After criticism from the Organisation of Economic Co-operation and Development (OECD), triggered mainly by the judicial handling of the investigation into the recent bribery allegations against BAE Systems plc, the anticipated Bribery Act 2010, which has now received royal assent and is expected to be brought into force later this year, represents a significant overhaul by codifying and, in some instances, dramatically extending preexisting anti-corruption rules.
    United KingdomCorporate/Commercial Law
    Thomas Eggar
    Thomas Eggar
  • Article

    A New "Failure To Prevent" Corporate Criminal Offence Into UK Law

    On 8 February 2023, the U.K. Government confirmed its intention to propose that a new "failure to prevent" corporate criminal offence be included in the Economic Crime Bill...
    United KingdomCriminal Law
    Steptoe LLP
    Steptoe LLP
  • Article

    Auditors´ Liability For Failure To ´Blow Whistle´ On Fraud

    In an important decision, the Commercial Court considered whether or not a company which had perpetrated a fraud could claim against its auditors for failing to detect and report that fraud. Even though this involved the company relying on its own fraud, the Court nevertheless held that it could continue with its claim against the auditors.
    United KingdomCriminal Law
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Bribery Act 2010 - Guidance Published

    Following on from our update of last autumn, The UK Ministry of Justice published its revised final guidance last week on the UK Bribery Act 2010, which is now scheduled to come in to force on 1 July 2011.
    United KingdomCriminal Law
    MacRoberts
    MacRoberts
  • Article

    Case Note: Bilta v RBS

    In Bilta (UK) Limited v Royal Bank of Scotland [2017] EWHC 3535 (Ch), the High Court once again addressed the application of legal privilege to documents prepared in the course of an internal investigation.
    United KingdomCriminal Law
    WilmerHale
    WilmerHale
  • Article

    Charities And The Bribery Act 2010

    The Bribery Act 2010 (the "Act") received Royal Assent on 8th April 2010.
    United KingdomCriminal Law
    Charles Russell Speechlys LLP
    Charles Russell Speechlys LLP
  • Article

    Implementation Of The Bribery Act – A Detailed Analysis

    The Bribery Act became law on 1 July 2011. The legislation applies to all companies, partnerships and individuals based in the UK, as well as foreign companies and individuals doing business in the UK.
    United KingdomCriminal Law
    Thomas Eggar
    Thomas Eggar
  • Showing 221–240 of 547 results

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