Latest Publications

Share:

An American Policyholder in London: English Choice of Law Clauses in United States Insurance Policies

While certainly not the norm, it is not uncommon for insurance policies issued to companies based in the United States, particularly large commercial and excess policies brokered on the London Market, to contain choice of law...more

3/21/2014 - Choice-of-Law Jurisdiction UK

English Contract Law: Your Word May Still be Your Bond

American movie mogul Samuel Goldwyn is widely quoted as having said, ‘A verbal contract isn’t worth the paper it’s written on.’ He is also reputed to have stated, ‘I’m willing to admit that I may not always be right, but I am...more

3/14/2014 - Bear Sterns Contract Formation UK

“DPAs” Have Arrived in England: The Proof of the Pudding Is in the Eating

As noted in our previous Alert in September 2013, the UK Crime and Courts Act 2013 has now come into effect this month making deferred prosecution agreements (DPAs) available to the Director of the Serious Fraud Office (SFO)...more

2/13/2014 - Deferred Prosecution Agreements SFO UK UK Bribery Act White Collar Crimes

Deferred Prosecution Deals and Sentencing Guidelines Come to the UK: How Will They Work in Bribery and Corruption Cases?

Although the perceived slow pace of investigations and prosecutions by the Serious Fraud Office ("SFO") has come in for a great deal of commentary and criticism, it does appear that the SFO is slowly but surely ramping up its...more

9/10/2013 - Bribery Corruption Deferred Prosecution Agreements Enforcement Sentencing SFO UK

UK Bribery Act: Serious Fraud Office Announces its First Prosecutions

On 14 August, the Serious Fraud Office (SFO) announced that four men connected to Sustainable AgroEnergy plc have been charged with offences of conspiracy to commit fraud by false representation and conspiracy to furnish...more

8/16/2013 - Biofuel Conspiracies False Statements Fraud Investors Misrepresentation SFO UK

'Reps' and Warranties: One Could Cost More Than the Other Under English Contract Law

Contractual representations and warranties are often grouped together, referred to in shorthand as “reps and warranties.” The differences between the two concepts are often forgotten, but the distinction is important: a...more

8/6/2013 - Contract Interpretation GAAP Representations and Warranties Stock Purchase Agreement UK

English Courts Explain the Use of ‘Quia Timet’ Injunctions to Preempt Damages

In London Borough of Islington v Elliot and Morris [2012] EWCA Civ 56, the Court of Appeal reviewed the principles that apply when considering the power of a court under English law to grant injunctions before damage has...more

7/30/2013 - Encroachments Injunctions Quia Timet Injunctions

UK Bribery Act: Still Hostage to Budget Cuts?

According to a 22 July 2013 article in The Law Society Gazette, the Serious Fraud Office (SFO) is investigating only two cases relating to the Bribery Act more than two years after the law came into force. Response to a...more

7/24/2013 - Anti-Corruption Budget Cuts Fraud UK UK Bribery Act

UK Law: Deferred Prosecution Agreements Appear a Step Closer

Deferred prosecution agreements (DPAs), whereby a prosecution for corporate crime is suspended in return for a promise of good behaviour, a possible fine and other conditions, appear likely to be introduced next year in the...more

7/5/2013 - Corporate Fraud Crime and Courts Act Criminal Prosecution Deferred Prosecution Agreements Fines Negotiations

Repudiatory Breach of Contract in English Law: a Matter of Timing or the Eye of the Beholder?

Under English law, an innocent party faced with a serious breach of contract by its counterparty is in a difficult position. Whilst a reasonable time is allowed to decide whether to accept the breach, or terminate the...more

6/25/2013 - Breach of Contract Leases Repudiation Termination

UK Bribery Act: Red Light, Green Light or Mixed-Signals?

The UK Government has announced a review of the Bribery Act 2010 and its intent to reduce the cost of compliance for small and medium-sized businesses. The main focus will apparently be on facilitation payments. These are...more

6/7/2013 - Bribery Compliance Facilitation Payments FCPA OECD SEC SFO UK Bribery Act

The Emergence of an Implied Duty of Good Faith in Contracts Governed By English Law

One of the issues that distinguishes U.S. law from English law is the concept of an implied contractual duty of good faith. While U.S. law has embraced this concept, it was believed that English law had not. However, as a...more

3/6/2013 - Covenant of Good Faith and Fair Dealing Yam Seng v International Trade Corp

Stricter Anti-Money Laundering Controls on Tap for EU Banks and Financial Companies

Financial businesses operating in the European Union will need to consider implementing stricter anti-money-laundering and anti-terrorism-financing controls or face a potential fine of up to 10 percent of their annual...more

2/13/2013 - Anti-Money Laundering Anti-Terrorism Financing Banks Cross-Border Due Diligence EU European Commission Financial Action Task Force Financial Companies Fines Foreign Banks Money Laundering PEP

A Year-End Update on the UK Bribery Act

Although 2012 did not bring a major prosecution, it was not without note-worthy events. The UK Serious Fraud Office (SFO), on top of the withdrawal of previous Bribery Act guidance and the publication of new guidelines in...more

12/18/2012 - Financial Crimes Internal Investigations Self-Reporting SFO UK Bribery Act Whistleblowers

14 Results
|
View per page
Page: of 1