Lloyd Firth

Lloyd Firth

WilmerHale

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Further Significant Reform of UK Corporate Criminal Liability

On June 15, 2023, the UK Government announced that it would seek to introduce the biggest reform of corporate criminal liability in England and Wales for more than 50 years. ...more

6/21/2023  /  Corporate Counsel , Corporate Crimes , Corporate Liability , Corporate Transparency Act , Criminal Liability , Criminal Prosecution , Deferred Prosecution Agreements , Proposed Amendments , UK , UK Regulatory Reforms

Significant UK Ruling on the Contours of Criminal Liability for Human Rights Abuses Occurring in Overseas Supply Chains

A recent UK High Court decision clarifies the risks for companies operating in the UK being criminally investigated in respect of forced labour and other human rights abuses occurring in their overseas supply...more

2/16/2023  /  China , Corporate Counsel , Criminal Investigations , Criminal Liability , Criminal Prosecution , Human Rights , Supply Chain , UK

EU adopts new whistleblower protections, but will the UK follow suit and how much comfort do they really provide?

On 7 October 2019, the European Union (the “EU”) adopted a Directive on the “protection of persons who report breaches of Union law”, which provides for the implementation of new comprehensive EU-wide rules on whistleblower...more

10/16/2019  /  Corporate Counsel , EU , EU Directive , Member State , Public Interest , Public Interest Disclosure Act , UK , Whistleblower Protection Policies , Whistleblowers

UK Financial Conduct Authority Proposes to Exclude the Head of the Legal Function From the Senior Managers Regime

On 23 January 2019 the UK Financial Conduct Authority (FCA) published Consultation Paper CP19/4 which, amongst other things, proposes to exclude the Head of the Legal function from the Senior Managers Regime (SMR). The...more

1/30/2019  /  Banking Sector , Certification Requirements , Consultation , Corporate Counsel , Financial Conduct Authority (FCA) , Insurance Industry , Legal Professional Privilege , Senior Management Regime (SMR) , SMCR , UK

Less ‘boondoggle’, more ‘fair, reasonable and proportionate’: the use of corporate monitors in UK Deferred Prosecution Agreements

A common feature of corporate criminal disposal in the US for several decades, the use of corporate monitors in the UK in the same period has been, at best, sporadic. This was expected to change with the introduction of...more

8/16/2017  /  Corporate Counsel , Corporate Crimes , Corporate Monitoring , Deferred Prosecution Agreements , Rolls-Royce , Serious Fraud Office (SFO) , Tesco , UK

Tesco: The Serious Fraud Office secures its fourth Deferred Prosecution Agreement

On 10 April 2017, the Serious Fraud Office (“SFO”) entered into a Deferred Prosecution Agreement (“DPA”) with Tesco Stores Limited (“Tesco Limited”), as part of which Tesco Limited will pay a £129 million financial penalty...more

4/19/2017  /  Cooperation , Corporate Counsel , Deferred Prosecution Agreements , Rolls-Royce , Serious Fraud Office (SFO) , Tesco , UK
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