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UK Supreme Court Redefines Criminal Dishonesty Test

The UK Supreme Court has unanimously ruled that the criminal dishonesty test in R v Ghosh is wrong and that courts should no longer follow this test. The recent decision in Ivey v Genting Casinos clarifies that the test for...more

Innovative Insurance Products Address Legal Issues in Public M&A

Dealmakers’ appetite for transactions involving publicly listed companies remains strong — 2016 saw an increase in deal volume, a trend which continues into 2017. However, deals remain challenging, partly due to limitations...more

Second Circuit: Fifth Amendment Bars Testimony Compelled by Foreign Governments

The court vacates LIBOR convictions with significant implications for US criminal cases involving cross-border investigations. Key Points: ..The Fifth Amendment also limits the use a defendant’s statements compelled by...more

Private Equity and Privilege: Why Recent Legal Developments Matter to Buyout Firms

Legal professional privilege allows clients to share information with lawyers, knowing it need not be revealed in court. Privilege extends to legal advice generally, and to documents prepared in contemplation of litigation. ...more

English High Court Decision Further Curtails Application of Legal Privilege in Internal Investigations

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

Changes to Corporate Criminality Offences in the UK Cause Corporate Dealmakers to Review Acquisitions

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

Check Your Privilege: English Court Rules Internal Investigation Materials Cannot be Withheld from Prosecutor

“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

Significant Updates to ESMA ’s Q&A on MiFID II Market Structures

ESMA’s new Q&A clarify a number of key points on the MTF, OTF and SI regimes. On 5 April 2017, ESMA published an updated version of its Q&A document on market structures under MiFID II. The final section has been...more

FCA’s Latest Papers on the Implementation of MiFID II

Fifth Consultation Paper and first Policy Statement issued, with the FCA’s second Policy Statement due in June. The FCA has just published two further papers on its approach to implementing MiFID II. The first, which is...more

Firsts for UK SFO with in principle false accounting DPA, and for FCA with market abuse compensation, against Tesco

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

Prosecuting Corporate Offending - A New Approach from the Serious Fraud Office

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

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