Latest Publications

Share:

Food for Thought: Individuals Remain in SFO’s Sights as Four From Patisserie Valerie Charged With Fraud

Individuals continue to face risk from prosecutions for economic crime, despite media focus on corporate criminal liability reforms. Four individuals have today appeared at Westminster Magistrates’ Court charged with fraud...more

Investor Directors in the Hot Seat as Enforcement Risk Grows

Greater focus on strong corporate governance and transparency is placing company directors in the UK and elsewhere under growing scrutiny and increased risk of individual civil and criminal liability. As new case law and...more

Can Forced-Labour Goods Trigger UK Money Laundering Violations?

A court recently found that UK authorities did not fetter their discretion by not investigating general cotton imports potentially produced by the forced labour of Uyghur people in China. On 20 January 2023, the High...more

DOJ’s Updated Corporate Enforcement Policy Aims to Incentivize Compliance

Companies that self-disclose, cooperate, and remediate could benefit from significantly reduced fines and possible declinations even in cases with aggravating factors. In a speech at Georgetown University Law Center on...more

UK Economic Crime Bill to Reform Companies House

The UK government is taking further measures to tackle economic crime in the UK, reforming its corporate register, and giving extra powers to the Serious Fraud Office. The UK has published the new Economic Crime and...more

The International Investigations Review, 12th Edition - England & Wales

In its second year, the Biden administration has made clear its prioritisation of white-collar prosecutions. This includes changes in policy and guidance, such as a renewed focus on individual accountability, an increased...more

New Disclosure Requirements Imposed on Overseas Entities Holding UK Property

A new Register of Overseas Entities, expected this summer, requires disclosure of beneficial owners. The UK government has introduced legislation1 in Parliament to pave the way for the launch of the new Register of...more

Law Commission Proposes Reforms to Corporate Criminal Liability in the UK

The proposal outlines 10 possible ways to strengthen corporate liability by both criminal and civil law reforms. On 10 June 2022 the Law Commission published an eagerly anticipated set of proposals (the Options Paper) to...more

The Economic Crime (Transparency and Enforcement) Act 2022 Receives Royal Assent

New legislation introduces further sanctions powers and aims to tackle financial crime by revealing identities of overseas beneficial owners of UK property. Following the UK government’s successive sanctions packages,...more

UK Supreme Court: Suspects Under Investigation Have Reasonable Expectation of Privacy

The decision exposes media outlets in the UK to liability if they identify suspects prior to charge, but carries lesser implications elsewhere. On 16 February 2022, the UK Supreme Court held that a suspect under criminal...more

Cannabis Rethink Sparks PE Interest

The once shunned cannabis sector now offers attractive PE opportunities in many jurisdictions. In years gone by, the prospect of significant PE investment in the cannabis industry would have been unthinkable for many....more

US DOJ Emphasises Importance of Corporate Culture

UK companies should be aware of the increasing focus on corporate culture by regulators on both sides of the Atlantic. In a recent speech that has garnered significant attention, US Deputy Attorney General Lisa Monaco...more

SFO’s International Investigatory Powers Curbed in Supreme Court Ruling

Landmark decision holds that the SFO does not have the power to procure documents from foreign companies outside the jurisdiction. On 5 February 2021, the UK Supreme Court handed down a highly significant judgment in R...more

High Court Determines Exceptions to ‘Without Prejudice’ Privilege in Recent Disputes

Two cases illustrate the narrow scope of application for exceptions to the without prejudice rule of legal privilege. Background - In two recent judgments, the High Court found exception to the ‘without prejudice’ rule...more

‘Iniquity Exception’ Extends to Breaches of a Director’s Statutory Duty

English High Court holds that alleged breaches of a director’s statutory duties can engage the ‘iniquity exception’, which disapplies legal professional privilege under certain conditions. In Barrowfen Properties v Girish...more

For Fear of Learning an Inconvenient Truth: Third-Party Liability in Fraudulent Trading

Parties within a chain of transactions may face liability for dishonesty and assistance, even if they do not have actual knowledge of fraud. The recent judgment in Bilta (UK) Limited (in liquidation) & ors v. NatWest...more

Unexplained Wealth Orders Subject to Rigorous Judicial Scrutiny

Recent judgments help to clarify purpose and threshold of unexplained wealth orders. The National Crime Agency (NCA) has had a mixed start to 2020, with appeals heard on unexplained wealth orders (UWOs) testing the new...more

Caring for the CARES Act: The New Oversight and Investigations Landscape for COVID-19 Relief Programs

Economic aid legislation will likely result in increased scrutiny of certain industries, similar to investigations that followed relief efforts in the 2008 financial crisis. Key Points: ..The CARES Act creates multiple...more

UK SFO Releases Guidance on Corporate Cooperation Credit

Guidance sets out the SFO’s expectations for investigations but leaves open questions, particularly for cross-border investigations. On 6 August 2019, the UK Serious Fraud Office (SFO) issued its much-anticipated Corporate...more

Lessons for UK Companies From US DOJ Guidance on Corporate Compliance Programs

The DOJ’s recently updated guidance poses helpful questions for UK corporates evaluating the effectiveness of their internal compliance programmes. It is well known that a corporate’s failure to prevent offences can be...more

Litigation Funding: Private Equity Investment Opportunity and Portfolio Risk Management Tool

Litigation funding, the third-party financing of legal costs in disputes, is increasingly common in the UK. As litigants have become comfortable with sophisticated litigation funders, these funders are responding to business...more

SFO Update: Lisa Osofsky’s First 50 Days

New SFO Director reaffirms her intentions and priorities for the agency. Fifty days have passed since Lisa Osofsky took over at the UK’s Serious Fraud Office (SFO), pledging to be a “different kind” of director....more

UK Serious Fraud Office Director Outlines Priorities in Keynote Speech

New director Lisa Osofsky confirms her focus on cross-border and corporate cooperation. On 3 September 2018, in her first speech, after only one week as head of the UK’s Serious Fraud Office (SFO), Lisa Osofsky laid out her...more

Internal Investigations Protected By Privilege Once More?

English Court of Appeal Reaffirms Privilege Over Internal Investigation Documents Prepared in Contemplation of Litigation - In a much anticipated decision, the Court of Appeal has reaffirmed legal privilege protection for...more

42 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide