News & Analysis as of

Criminal Liability Due Diligence

BCLP

Vendor Due Diligence and Criminal Liability of the Acquiring Company

BCLP on

The acquiring company, whatever its form, may be held criminally liable for acts committed by the acquired company prior to the merger. In a judgment of 22 May 2024, published in the Bulletin and in the Lettres de...more

WilmerHale

UK Criminal Enforcement Update - Spring 2024

WilmerHale on

Recent weeks have seen several notable developments in the UK criminal enforcement landscape...more

Epiq

Complying with the U.S. Department of Justice’s New Safe Harbor Guidelines

Epiq on

On October 4, 2023, U.S. Deputy Attorney General Lisa Monaco announced a Department-wide Safe Harbor Policy for voluntary self-disclosures made in the context of the mergers and acquisition process. Monaco noted ...more

K&L Gates LLP

Why Corporates Are Now More Likely to Face Criminal Prosecution for the Actions of Their Employees

K&L Gates LLP on

Significant Expansion to Corporate Criminal Liability Becomes Law in the United Kingdom - On 26 October 2023, the Economic Crime and Corporate Transparency Act (the Act) became law. Under the Act, corporations will become...more

WilmerHale

DOJ Announces New Mergers & Acquisitions Safe Harbor Policy

WilmerHale on

On October 4, 2023, Deputy Attorney General Lisa Monaco announced a new safe harbor policy that may shield companies from criminal prosecution for misconduct they uncover at companies they are acquiring or have recently...more

Eversheds Sutherland (US) LLP

Competition authorities crackdown on employment markets: a new era for cartels

At the end of last year, the US Department of Justice (DOJ) secured a guilty plea for wage fixing, resulting in its first criminal conviction with Assistant Attorney General Jonathan Kanter saying: “[t]oday’s guilty plea...more

Dechert LLP

Economic Crime (Transparency and Enforcement) Act 2022 (the "Act") – Answering Your Questions

Dechert LLP on

This note summarizes those provisions of the Act applicable to England and Wales that deal with the new register of overseas entities ("ROE") that has been established at Companies House in the UK. It seeks to identify and,...more

Health Care Compliance Association (HCCA)

[Virtual Event] Healthcare Enforcement Compliance Conference - November 7th - 9th, 8:55 am - 3:30 pm CST

Hear directly from the enforcement community - Want to gain insight into properly monitoring, detecting, investigating, and managing violations? Join us virtually at HCCA’s Annual Healthcare Enforcement Compliance...more

Oberheiden P.C.

Corporate Intelligence & Investigations

Oberheiden P.C. on

Today’s modern world enables complex business transactions to occur both within the United States as well as abroad in cross-border activities. Many of these transactions pose significant risks to business operations and the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Revirement de jurisprudence en matière de transfert de responsabilité pénale dans le cadre d’opérations de fusion-absorption

Le 25 novembre 2020, la Cour de cassation a opéré un revirement de jurisprudence important pour la pratique des affaires, en décidant que la responsabilité pénale d’une société absorbée, de nature à donner lieu à une peine...more

Jones Day

The Netherlands Adopts Business and Human Rights Legislation to Combat Child Labor

Jones Day on

The Situation: On November 13, 2019, the Child Labor Due Diligence Act ("Act") was published in the Dutch Government Gazette. The law introduces a duty of care for companies to prevent the supply of goods or services which...more

Jones Day

ALRC Proposes Significant Reforms for Australia's Corporate Criminal Liability Regime

Jones Day on

The Situation: The Australian Law Reform Commission ("ALRC") has released its much anticipated Discussion Paper on Australia's corporate criminal responsibility regime, which provides the ALRC's preliminary views in relation...more

Latham & Watkins LLP

Gesetzentwurf zur Bekämpfung der Unternehmenskriminalität bringt neue Regeln für interne Untersuchungen – Datenschutz gewinnt...

Latham & Watkins LLP on

Das Justizministerium arbeitet mit Hochdruck an einem Entwurf für ein Unternehmensstrafrecht. Der Entwurf verfolgt das Ziel, die Sanktionierung von Unternehmen und sonstigen Verbänden auf eine eigene gesetzliche Grundlage zu...more

White & Case LLP

Does your compliance program address UK exposure?

White & Case LLP on

Tech companies of U.S. origin tend to have compliance programs focused on U.S. laws, including the Foreign Corrupt Practices Act (the "FCPA") and relevant tax and labor laws. The UK has enacted laws covering bribery and...more

McDermott Will & Emery

Special Report - UK Criminal Finances Act 2017 Are You Compliant?

This Special Report provides important information regarding two new corporate criminal offences under the UK Criminal Finances Act 2017 (Act) that came into effect on 30 September 2017. To comply with the Act and to...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The New UK Corporate Offence of 'Failure to Prevent the Facilitation of Tax Evasion': Implications for Fund Managers and...

The U.K. government expands its crackdown on tax evaders and the persons who assist them, by targeting businesses who fail to prevent tax evasion....more

Latham & Watkins LLP

The Panama Effect: UK Government accelerates proposals to criminalise failure to prevent tax evasion

Latham & Watkins LLP on

10 considerations for professionals and corporates worldwide in advance of the new law. Overview - In a move widely seen as a response to the so-called “Panama Papers” revelations, the UK Government has enhanced...more

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