Corporate Crime UK

Expert Analysis

• How Brexit May Impact UK Criminal Justice

  

  As uncertainty over a Brexit deal remains following the U.K. Parliament's overwhelming rejection this week of a draft withdrawal agreement, John Binns of BCL Solicitors LLP takes a closer look at the potential end of criminal justice cooperation arrangements between the United Kingdom and the European Union.

• Worldwide Freezing Orders Can Backfire Without Proper Care

  

  Worldwide freezing orders, which preserve a respondent's assets until the outcome of the substantive case, are an important weapon in the arsenal of a commercial litigant. However, as FSDEA v. Dos Santos demonstrates, courts lay heavy obligations upon WFO applicants, says Nicola McKinney of Grosvenor Law Ltd.

• UK Litigation And Guidance Highlight Cybersecurity Risk

  

  Recent developments in the United Kingdom emphasize the importance of companies implementing cybersecurity measures proactively both to prevent incidents and to argue in mitigation when, not if, the company does suffer a data breach, say Guillermo Christensen of Ice Miller LLP and Anupreet Amole of Brown Rudnick LLP.

• 7 Questions To Add To Your Lateral Partner Questionnaire

  

  Law firms should redesign the vetting process for lateral candidates so it directly addresses sexual harassment and assault issues, says Howard Rosenberg of Decipher.

• Do UK Territories Need Beneficial Ownership Info Registers?

  

  The U.K.'s Sanctions and Anti-Money Laundering Act proposes introduction of publicly accessible registers of beneficial ownership information on companies in U.K. overseas territories. There is a chance that these registers may cause more trouble than they are worth, says Aki Corsoni-Husain of Harney Westwood & Riegels LLP.

• 2 BVI Cases Explore Scope Of Proper Purpose Test

  

  Two recent cases in the Eastern Caribbean Court of Appeal have presented British Virgin Island courts an opportunity to develop a local jurisprudence regarding the BVI Business Companies Act and provide guidance on how the proper purpose test is to be applied, says Rosalind Nicholson of Walkers Global.

• Attorney-Client Privilege Must Be Reclaimed In The UK

  

  The House of Lords' landmark decision in Three Rivers v. Bank of England significantly undermined confidentiality of communications between lawyers and clients. The U.K. Supreme Court should review this case as soon as possible, says Quentin Bargate of Bargate Murray Ltd.

• 2018 In Review: Significant White Collar Developments At DOJ

  

  As the year comes to a close, attorneys at King & Spalding LLP look back at a few of the most notable developments at the U.S. Department of Justice, including corporate monitor guidance, a False Claims Act policy shift, foreign exchange prosecutions, cryptocurrency fraud and international cooperation developments.

• Opinion

  Why We Need Anti-Money Laundering Whistleblower Awards

  

  The recent Mossack Fonseca indictments and Deutsche Bank raid would not have been possible without the whistleblower behind the Panama Papers leak. But there is no incentive for rooting out the type of criminal money laundering revealed here, creating a large enforcement gap, say Eric Havian and Michael Ronickher of Constantine Cannon LLP.

• What To Expect From Serious Fraud Office In 2019

  

  The coming year looks to be an interesting one for the U.K. Serious Fraud Office. With new Director Lisa Osofsky firmly in post, expectations are high that she will shake things up in the next few months, say Anna Gaudoin and Alison Geary of WilmerHale.