On March 20, 2025, the UK's Serious Fraud Office ("SFO"), France's National Financial Prosecutor's Office ("PNF"), and the Office of the Attorney General of Switzerland ("OAG") announced the creation of a new task force to...more
3/31/2025
/ Anti-Corruption ,
Bribery ,
Corporate Counsel ,
Corruption ,
Enforcement Actions ,
Enforcement Guidance ,
Foreign Corrupt Practices Act (FCPA) ,
France ,
Government Agencies ,
International Trade ,
Joint Task Force ,
Serious Fraud Office (SFO) ,
Switzerland ,
UK
In France, unlike for instance in the United States or United Kingdom, the scope of attorneyclient privilege is restricted to attorneys-at-law registered with a bar and acting independently (within an independent law firm or...more
A decision handed down by the French Court of Cassation may affect the scope of attorney-client privilege in France....more
The Paris Judicial Court has established a new division to handle disputes related to the Duty of Vigilance Act....more
In light of the DOJ’s most recent guidance on the use of personal devices and third-party messaging applications by corporate personnel, this White Paper addresses issues and challenges that companies are facing in this area...more
10/18/2023
/ CFTC ,
Compliance ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
Electronic Communications ,
Financial Industry Regulatory Authority (FINRA) ,
Guidance Update ,
Instant Messaging Apps ,
Mobile Devices ,
Policies and Procedures ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes ,
Workplace Communication
On July 18, 2023, the French Anticorruption Agency ("FAA") published its 2022 annual activity report. The report detailed key figures related to the inspections carried out by the agency, as well as the lessons to be learned....more
In recent months, a wide variety of forced labor issues have caught the attention of legislators, regulators, the media, and the public. The press is also attuned to the issue of forced labor and the use of child labor in the...more
On June 8, 2023, as part of the parliamentary debates on the so-called "Justice" bill, the French Senate voted on an amendment to the Law No. 71-1130 dated December 3, 1971, which aims to ensure confidentiality to certain...more
While there are a number of ways in which organizations may become aware of potential wrongdoing internally, perhaps the most significant for its legal and compliance teams is internal reporting, or “whistleblowing,” by...more
5/15/2023
/ Cross-Border ,
Cross-Border Transactions ,
Employment Rights Act ,
EU ,
Financial Conduct Authority (FCA) ,
Foreign Nationals ,
Securities and Exchange Commission (SEC) ,
UK ,
United Arab Emirates (UAE) ,
Whistleblower Protection Policies ,
Whistleblowers
In Short -
The Situation: The European Union's Fourth Anti-Money Laundering ("AML") Directive (Directive (EU) 2015/849 of May 20, 2015) granted broad access to information relating to the beneficial owners of companies...more
On March 14, 2023, the French Anticorruption Agency ("AFA") and the Parquet National Financier ("PNF") jointly published a new version of their guide relating to internal anticorruption investigations (the "Guide")....more
France's Orientation and Programming Law of the Ministry of the Interior ("LOMPI law"), published in the Official Journal of January 25, 2023, amends the insurance coverage of losses and damages paid in response to...more
2/27/2023
/ Cyber Attacks ,
Cyber Crimes ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Processors ,
France ,
Information Technology ,
Insurance Code ,
New Guidance ,
Popular ,
Ransomware ,
Regulatory Requirements
The new guidelines update those published jointly by the National Financial Prosecutor's Office (Parquet National Financier or "PNF") and the French Anticorruption Agency (Agence Française Anticorruption or "AFA") on June 26,...more
As described in the first White Paper in this series on internal investigations, "Conducting an Effective Internal Investigation—An Overview," corporations are under increased scrutiny by regulators across the globe, and as a...more
With developments in the investigations field, including the ongoing expansion of this field internationally, companies face an unprecedented level of scrutiny from outside parties, including government agencies, and are...more
Although French companies have made progress in anticorruption compliance over the past two years, the French Anticorruption Agency ("FAA") has found that they still have difficulty implementing certain measures, particularly...more
In Short -
The Situation: Following years of lobbying by senior prosecutors and other commentators, the UK government seems set to introduce an offence of a corporate failing to prevent economic crime....more
French Decree No. 2022-1284 of October 3, 2022, which implements French Law No. 2022-401 of March 21, 2022, on whistleblower protections (also known as the "Waserman Law"), came into effect on October 4, 2022 (the "New...more
The French Anticorruption Agency ("FAA"), a national regulatory authority created by Law 2016-1691 of December 9, 2016 ("Sapin II law"), has just released its 2021 activity report.
An analysis of the inspections the FAA...more
On June 1st, 2o21,the European public prosecuters office, the European Union's new arm to combat fraud, became operational. The key elements of the new Public Prosecutor's Office are as follows...more
The Situation: On May 12, 2021, the Court of Justice for the European Union ("CJEU") held that European Union ("EU") and Schengen Area member states cannot make an arrest pursuant to an Interpol Red Notice if the person to be...more
On October 1, 2020, the new Instruction on the Investigation and Prosecution of Foreign Corruption for the Dutch Public Prosecution Service ("DPPS") entered into force, indicating certain factors that play a role in...more
10/30/2020
/ Anti-Bribery ,
Anti-Corruption ,
Bribery ,
Compliance ,
Corruption ,
Criminal Liability ,
Criminal Prosecution ,
Ethics ,
Foreign Official ,
New Guidance ,
Penal Code ,
Public Officials ,
Self-Disclosure Requirements ,
White Collar Crimes
On September 4, 2020, a new Instruction for the Dutch Public Prosecution Service ("DPPS") entered into force, setting a framework for offering large settlements to defendants.
Main Elements of the Instruction -
The...more
Companies should identify and, where appropriate, manage risk associated with gifts and entertainment by incorporating a clear policy into their overall corporate compliance strategy.
On September 11, 2020, the French...more
The French Anti-Corruption Agency ("FAA") report details key statistics relating to the controls the FAA carried out in 2019 and lessons to be drawn from this activity.
On 9 July 2020, the FAA published its 2019 annual...more
7/20/2020
/ Anti-Bribery ,
Anti-Corruption ,
Bribery ,
Compliance ,
Cooperation ,
Corruption ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Jurisdictions ,
France ,
Serious Fraud Office (SFO) ,
White Collar Crimes