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Criminal Prosecution Actual or Constructive Knowledge

Dechert LLP

Clarification of Test for Dishonesty in English Criminal Law: Impact on Complex Fraud Cases

Dechert LLP on

Following the judgment of the English High Court in Serious Fraud Office v Barclays Plc & Another1, prosecutors are aware that they now face a more onerous task when trying to establish corporate criminal liability. However,...more

White & Case LLP

President Trump's trade wars and the expansion of customs violations into the white-collar space

White & Case LLP on

The US' ongoing trade wars—with various trading partners and particularly with China—are everywhere in the news. Putting politics and policy aside, the "trade wars" reflect a basic disagreement over the rules that should...more

Skadden, Arps, Slate, Meagher & Flom LLP

'Ostrich' Theory Enforces Ill-Defined Duty to Investigate Clients' Conduct

In recent years, the application of a “conscious avoidance” or “willful blindness” theory as the basis of attorneys’ liability for clients’ criminal conduct has been on the rise. In principle, this standard — commonly...more

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