Corporations should take steps to ensure their internal investigations are not used against them in English litigation.
A recent decision in an English court could have important consequences for internal corporate...more
Proposed changes to corporate criminal offending should cause corporate dealmakers to review the scope of acquisition diligence, particularly in light of the UK Serious Fraud Office’s (SFO’s) increasing use of deferred...more
“Privilege is a fundamental human right guaranteed by the common law, and a principle which is central to the administration of justice. Once a document is subject to privilege, the privilege is absolute: it cannot be...more
Following a two-year investigation, Tesco PLC has announced that its subsidiary Tesco Stores Limited (Tesco Ltd) had agreed in principle the terms of a Deferred Prosecution Agreement (DPA) with the UK Serious Fraud Office...more
7 steps companies can take to maximize privilege protections under US and English law.
Key Points:
..In a recent case, an English court stated that privilege did not apply to notes of employee interviews,...more
Following Three Rivers (No 5) [2003] EWCA Civ 474, the High Court has held that notes of interviews of employees, prepared as part of certain internal investigations by a bank’s solicitors, for the purpose of enabling the...more
In Akers (and others) v. Samba Financial Group [2007] UKSC 6, the UK Supreme Court has confirmed the limited nature of British insolvency officer-holders’ ability to void dispositions of a company’s assets held on trust. The...more
The UK’s growing focus on corporate criminal liability was seen in two recent pieces of news.
Last Friday the government announced a consultation on extending the reach of corporate criminal liability to additional...more
Deferred prosecution agreements (DPAs) became part of the prosecutors’ toolbox in 2014, allowing for settlement instead of bringing a case to trial. Recent statements from the Serious Fraud Office (SFO) indicate an increasing...more
Recent decision adopts less formal, more expansive test for the defence of illegality in English law.
Overview -
The UK Supreme Court has rejected a formal “reliance” test to determine whether a defendant to a...more
The UK Supreme Court has rejected a formal “reliance” test to determine whether a defendant to a civil claim can rely on the claimant’s wrongdoing to defeat the claim, replacing it with a more fact-sensitive “range of...more
The fallout from the Panama Papers continued with the publication of a further consultation by the UK Government on its proposed corporate tax evasion offence. The offence will introduce criminal liability for organisations...more
10 considerations for professionals and corporates worldwide in advance of the new law.
Overview -
In a move widely seen as a response to the so-called “Panama Papers” revelations, the UK Government has enhanced...more
4/27/2016
/ Consultation Periods ,
Criminal Liability ,
Due Diligence ,
Foreign Tax ,
Multinationals ,
Panama Papers ,
Proposed Legislation ,
Risk Assessment ,
Tax Evasion ,
Third-Party ,
UK ,
UK Bribery Act
We consider the implications for corporations under UK and US law, and the future of global criminal and civil investigations.
On November 26, 2015, the UK Serious Fraud Office (SFO) secured its first Deferred...more
In December 2014, the Serious Fraud Office (the SFO) secured landmark convictions in two separate cases: its first convictions against individuals under the Bribery Act 2010 (the Bribery Act) and its first conviction against...more
3/9/2015
Litigants must comply with rules and orders, yet must not seek to penalise opponents for immaterial breaches
Overview -
The Court of Appeal has allowed three consolidated appeals an earlier Court of Appeal case...more
In the decision In the matter of “The Alexandros T”, the UK Supreme Court restricted the application of Articles 27 and 28 of Council Regulation (EC) No 44/2001 in a long-running insurance dispute involving multiple...more