The January 2019 FCPA Digest is an invaluable compendium of all FCPA-related developments in 2018, including US foreign bribery proceedings and criminal prosecutions, DOJ foreign bribery civil actions, SEC actions, DOJ...more
1/3/2019
/ Bribery ,
Chief Compliance Officers ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Jurisdiction ,
Kokesh v SEC ,
Serious Fraud Office (SFO) ,
Settlement ,
Subsidiaries ,
UK ,
White Collar Crimes ,
Yates Memorandum
The Sanctions and Anti-Money Laundering Act received Royal Assent on 23 May 2018.
Although the sanctions-related provisions of the Act are not yet in force, they will give the government wider powers to implement sanctions...more
In Bilta (UK) Ltd (in Liquidation) & Ors v Royal Bank of Scotland plc and Mercuria Energy Europe Trading Limited [2017] EWCH 3535 (Ch) (“Bilta v RBS”), the High Court upheld RBS’s claim of litigation privilege over documents...more
In December 2016, the English High Court ruled that transcripts, notes and other records of witness interviews prepared by in-house and external counsel in the course of an internal investigation were not covered by either...more
Following the so-called “Brexit” referendum held on 23 June 2016, the UK has narrowly voted to leave the European Union. This note briefly discusses the possible issues arising from the decision for the UK and EU insurance...more
On June 23rd, the UK electorate voted to leave the European Union in an advisory referendum. We expect the UK Government to commence negotiations to withdraw and to establish a framework for the UK’s new relationship with the...more
7/15/2016
/ Attorney-Client Privilege ,
Commercial Contracts ,
Corporate Counsel ,
Corporate Governance ,
EFTA ,
English Common Law ,
EU ,
European Economic Area (EEA) ,
Member State ,
UK ,
UK Brexit
The President of the Queen's Bench Division of the High Court has given final approval to the Serious Fraud Office’s (“SFO”) second ever Deferred Prosecution Agreement (“DPA”). This follows the Standard Bank DPA concluded in...more
On Thursday 23 June 2016, the UK electorate voted to leave the European Union. While this vote was advisory in nature, we expect that ultimately the UK Government and Parliament will respect the outcome and serve notice to...more
6/29/2016
/ Acquisition Agreements ,
Article 50 Treaty of the EU ,
Cross-Border Transactions ,
EU ,
EU Directive ,
European Economic Area (EEA) ,
Financial Markets ,
Foreign Judgments ,
Grandfathered Status ,
Member State ,
Merger Agreements ,
Popular ,
Scotland ,
Trade Relations ,
UK ,
UK Brexit ,
Value-Added Tax (VAT) ,
WTO
The jury in the so-called ‘Tabernula’ (“Little Tavern”) case has on Monday delivered its verdict after a 12-week trial. Two of the five defendants have been convicted, whilst the other three have been acquitted of all...more
Several recent UK cases have considered the extent to which third parties may be identified in public disciplinary notices issued by the Financial Conduct Authority to financial institutions. UK financial services...more
The UK Government recently announced that it would introduce a new statutory duty of responsibility on senior managers in all financial institutions and repeal the presumption of responsibility that would have applied to...more
On 14 October 2015 the Court of Appeal (CoA) handed down its judgment on appeals against orders made by Peter Smith J arising out of an alleged cartel for airfreight services. First, the CoA said the High Court was not...more
The entry into force of the Consumer Rights Act 2015 (“CRA15”) on 1 October 2015 sees the overhaul of the private enforcement regime in England & Wales. The CRA15, which amends both the Competition Act 1998 and the Enterprise...more
10/1/2015
/ Breach of Competition Law ,
EU ,
Harmonization Rules ,
Infringement ,
Jurisdiction ,
Opt-In ,
Opt-Outs ,
Private Right of Action ,
UK ,
UK Competition and Markets Authority (CMA) ,
UK Competition Appeal Tribunal (CAT) ,
UK Consumer Rights Act
Earlier today, the Office of the Comptroller General in Brazil, Controladoria-Geral da União (“CGU”), issued a sweeping directive barring government officials from accepting offers to attend or participate in the upcoming...more
In this issue:
- Enforcement Actions and Strategies
- Perennial Statutory Issues
- Unusual Developments
- Compliance Guidance
- Private Litigation
- Enforcement in the United...more