News & Analysis as of

Extraterritoriality Rules United Kingdom

Skadden, Arps, Slate, Meagher & Flom LLP

EU Court Upholds Commission’s Power To Demand Data Held by Foreign Companies

In Nuctech Warsaw (T-284/24), the EU Court of Justice held that EU subsidiaries can lawfully be required to provide access to email accounts and data held by their overseas parent company. The ruling involved the following...more

Goodwin

DAOs in English law: another (but not final) step forward

Goodwin on

With so much focus on the regulatory treatment (and mistreatment) of blockchain related businesses, the benefits of commercial legal certainty for choosing a country or territory as a home of choice for these businesses is...more

A&O Shearman

Is more regulation the best route to deliver Net Zero?

A&O Shearman on

How to accelerate the transition to a sustainable economy is a hot regulatory topic for most major economies around the world – and is set to continue ascending the agenda in the years to come. As sustainability-related...more

Faegre Drinker Biddle & Reath LLP

The UK’s Online Safety Bill – Implications for US and International Businesses

On 19 September 2023, the UK Parliament passed the Online Safety Bill (“OSB”). The OSB aims to protect individuals from illegal online content and focuses on the protection of children by requiring the removal of content that...more

A&O Shearman

New UK 'failure to prevent' fraud corporate criminal offence

A&O Shearman on

A draft ‘failure to prevent fraud’ corporate criminal offence will render large companies liable for fraud committed by their associates. We consider the draft offence and implications for businesses....more

A&O Shearman

New UK 'failure to prevent' fraud corporate criminal offence published - Update 9/6/2023

A&O Shearman on

A draft ‘failure to prevent fraud’ corporate criminal offence will render large companies liable for fraud committed by their associates. We consider the draft offence and implications for businesses....more

BCLP

The Digital Markets, Competition and Consumers Bill - important changes to the UK's existing competition law

BCLP on

As we reported previously, on 25 April this year the UK Government introduced the Digital Markets, Competition and Consumers Bill (“DMCC Bill”). Many of the headlines about the DMCC Bill have understandably related to the new...more

A&O Shearman

New UK 'failure to prevent' fraud corporate criminal offence published

A&O Shearman on

The UK Government has published a draft ‘failure to prevent fraud’ corporate criminal offence rendering large companies liable for fraud committed by their associates. We consider the draft offence and implications for...more

Latham & Watkins LLP

UK Supreme Court Finds Guaidó Is to Be Recognised as Venezuela’s Head of State in Gold Dispute

Latham & Watkins LLP on

The decision clarifies the role of the English courts and the UK executive branch in the recognition of foreign heads of state and the ability of English courts to adjudicate the lawfulness of executive and legislative acts...more

Dechert LLP

UK Court of Appeal considers territorial scope of GDPR

Dechert LLP on

A recent UK Court of Appeal decision highlights ongoing uncertainty regarding the jurisdictional reach of the GDPR and invites intervention from the Information Commissioner’s Office. ...more

Jenner & Block

How UK Online Safety Bill May Affect Cos. Around The World

Jenner & Block on

As people around the world are living increasing portions of their lives online, especially during the COVID-19 pandemic, the triumph of the internet in bringing together people, ideas and opportunities has been brought into...more

World Law Group

EU, UK and US Trade Sanctions: Application and Latest Developments [Video Recording]

World Law Group on

Panelists discussed current sanctions, the basics of trade sanctions (background, to whom they apply, penalties, etc.), the possible extraterritorial application of sanctions, and the latest developments....more

World Law Group

[Webinar] EU, UK and US Trade Sanctions: Application and Latest Developments - June 29th, 9:00 am ET

World Law Group on

Join WLG's International Trade Law Group for a webinar: EU, UK, and US Trade Sanctions: Application and Latest Developments. Panelists will discuss current sanctions, the basics of trade sanctions (background, to whom they...more

Littler

High Court of England & Wales Considers Territorial Scope of GDPR for the First Time

Littler on

In the first case of its kind, the High Court of England & Wales has considered the limits on the extraterritorial reach of the European Data Protection Regulation (GDPR). ...more

Wyrick Robbins Yates & Ponton LLP

The Short Arm of GDPR? UK Court Decision Analyzes Application of GDPR to US-based Company

Organizations in the United States often ask us how to comply with GDPR. But starting with that question skips a key inquiry: the extent to which GDPR applies to a US company in the first place....more

Jones Day

UK Supreme Court Limits Serious Fraud Office's Extraterritorial Powers

Jones Day on

The Issue: The UK Supreme Court was asked to decide whether section 2 of the Criminal Justice Act 1987 granted the Serious Fraud Office ("SFO") powers to compel the production of documents held outside the United Kingdom. ...more

Lowenstein Sandler LLP

Trade Matters-Lowenstein Sandler's Global Trade & Policy Newsletter - March 2021

Welcome to the inaugural edition of Lowenstein Sandler’s Trade Matters. Each month, we will cover important developments related to international trade law and compliance. We look forward to a continuing dialogue with our...more

Cadwalader, Wickersham & Taft LLP

The UK Serious Fraud Office’s Extraterritorial Powers Are Clarified

After three years of uncertainty over the Serious Fraud Office’s (“SFO”) powers to obtain documents  located overseas, the UK Supreme Court has clarified the extraterritorial effect of the legislation facilitating that power...more

White & Case LLP

KBR – no paradigm shift for the SFO. We look back at what is.

White & Case LLP on

Much has been made of the Supreme Court's decision earlier this month in KBR, Inc. v Director of the Serious Fraud Office, in which it confirmed the limits on UK authorities' reach overseas in anti-corruption investigations....more

Skadden, Arps, Slate, Meagher & Flom LLP

English Supreme Court Limits Serious Fraud Office’s Extraterritorial Reach

On 5 February 2021, the UK Supreme Court ruled that the Serious Fraud Office (SFO) could not force a foreign company to hand over material that it holds abroad through a notice issued under Section 2(3) of the Criminal...more

WilmerHale

UK Supreme Court Ruling on Territorial Extent of SFO's Powers Impacts SFO’s Evidence Gathering Capabilities

WilmerHale on

On February 5, 2021 the Supreme Court handed down judgment in the case of R (on the application of KBR, Inc) v Director of the Serious Fraud Office, finding in favor of the Appellant, KBR, Inc (KBR). This high-profile case...more

WilmerHale

UK Supreme Court Rules on Territorial Extent of SFO’s Powers

WilmerHale on

On February 5, 2021 the Supreme Court handed down judgment in the case of R (on the application of KBR, Inc) v Director of the Serious Fraud Office, finding in favor of the Appellant, KBR, Inc (KBR). This high-profile case...more

Dechert LLP

Overseas Production Orders – Where are we now?

Dechert LLP on

In March 2019 Dechert reported that the Crime (Overseas Production Orders) Act 2019 (the “COPO Act”) had granted UK authorities new extra-territorial powers....more

White & Case LLP

Anti-enforcement injunctions: Court of Appeal protects its jurisdiction over English assets

White & Case LLP on

The Court of Appeal has granted an anti-enforcement injunction restraining a US company from taking steps to enforce a US judgment in the US courts where such enforcement exorbitantly interferes with the jurisdiction of the...more

White & Case LLP

Data Sharing Without Borders

White & Case LLP on

UK law enforcement can now obtain an order against a person in or operating in the US for the production of or access to electronic data under a new ‘landmark’ US-UK data sharing agreement. The agreement has been heralded...more

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