The guidelines confirm that FCPA enforcement will continue but provide opportunities for foreign authorities to lead where US interests are not significantly impacted....more
6/23/2025
/ Anti-Corruption ,
Bribery ,
Corporate Governance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Authority ,
Enforcement Priorities ,
Foreign Corrupt Practices Act (FCPA) ,
New Guidance ,
Serious Fraud Office (SFO) ,
UK ,
UK Bribery Act
The updated guidance puts a heavy emphasis on self-reporting and clarifies how corporates under investigation can earn cooperation credit from UK prosecutors....more
4/28/2025
/ Anti-Corruption ,
Cooperation ,
Corporate Counsel ,
Corporate Governance ,
Corporate Liability ,
Criminal Liability ,
Deferred Prosecution Agreements ,
Enforcement ,
Guidance Update ,
Self-Reporting ,
Serious Fraud Office (SFO) ,
UK ,
White Collar Crimes
The ruling, which narrows the UK’s jurisdiction over money laundering offences, will impact how cross-border money laundering offences are prosecuted going forward....more
2/24/2025
/ Anti-Money Laundering ,
Criminal Investigations ,
Criminal Procedure ,
Extradition ,
Financial Crimes ,
Jurisdiction ,
Money Laundering ,
Proceeds of Crime Act 2002 (POCA) ,
Securities Regulation ,
UK ,
UK Supreme Court
The executive order halts new and existing foreign bribery investigations — but enforcement risk in the UK and Europe remains.
On February 10, 2025, President Trump issued an executive order titled “Pausing Foreign...more
2/14/2025
/ Anti-Corruption ,
Bribery ,
Compliance ,
Corporate Misconduct ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Priorities ,
EU ,
Executive Orders ,
Foreign Corrupt Practices Act (FCPA) ,
UK
Companies in the US and around the world should consider their potential for UK exposure and assess their compliance programmes in light of that risk.
On 1 September 2025, the UK will implement a new corporate criminal...more
2/13/2025
/ Corporate Governance ,
Corporate Liability ,
Corporate Misconduct ,
Criminal Prosecution ,
Enforcement Actions ,
Failure to Prevent ,
Fraud ,
Fraud Prevention ,
Multinationals ,
Risk Management ,
UK ,
White Collar Crimes
Welcome to our Litigation 2024 Year in Review and 2025 Outlook. In this report, we examine the legal trends that have shaped the commercial landscape in Europe and the UK and explore how these developments are likely to...more
2/11/2025
/ Arbitration ,
Class Action ,
Competition ,
Contract Disputes ,
Corporate Governance ,
Cryptocurrency ,
Data Privacy ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
Financial Institutions ,
Insolvency ,
Litigation Strategies ,
Mergers ,
Regulatory Reform ,
UK ,
Whistleblower Protection Policies ,
Whistleblowers
Guidance clarifies the implementation date, scope, and application of landmark new corporate offence, and provides suggestions for fraud-prevention procedures.
On 6 November 2024, the UK Home Office published...more
The ruling propels UK law enforcement to increase its investigative powers under POCA, and businesses to enhance their supply chain due diligence.
On 27 June 2024, the UK Court of Appeal found that the National Crime...more
7/9/2024
/ China ,
Criminal Investigations ,
Due Diligence ,
Human Rights ,
Imports ,
Law Enforcement ,
National Crime Agency (NCA) ,
Prisoners ,
Proceeds of Crime Act 2002 (POCA) ,
Supply Chain ,
UK ,
Uyghur Forced Labor Prevention Act (UFLPA)
The Serious Fraud Office’s strategy for 2024 to 2029 indicates aspiration to be a more effective agency and to incentivise personnel.
On 18 April 2024, the UK’s Serious Fraud Office (SFO) published an ambitious, albeit...more
4/23/2024
/ Bribery ,
Cooperation ,
Corruption ,
Declination ,
Deferred Prosecution Agreements ,
Financial Action Task Force ,
Fraud ,
Non-Prosecution Agreements ,
OECD ,
Pilot Programs ,
Serious Fraud Office (SFO) ,
Strategic Enforcement Plan ,
UK ,
Whistleblower Awards ,
Whistleblowers
A court recently found that UK authorities did not fetter their discretion by not investigating general cotton imports potentially produced by the forced labour of Uyghur people in China.
On 20 January 2023, the High...more
The UK government is taking further measures to tackle economic crime in the UK, reforming its corporate register, and giving extra powers to the Serious Fraud Office.
The UK has published the new Economic Crime and...more
9/28/2022
/ Corporate Crimes ,
Cryptoassets ,
Financial Conduct Authority (FCA) ,
Financial Crimes ,
Limited Partnerships ,
Person with Significant Control (PSC Register) ,
Proceeds of Crime Act 2002 (POCA) ,
Russia ,
Transparency ,
UK ,
Ukraine ,
Unexplained Wealth Orders (UWOs)
A recent report concluded that modern slavery considerations are still not a mainstream concern for many companies.
In April 2022, the Financial Reporting Council, the Independent Anti-Slavery Commissioner, and Lancaster...more
Two cases illustrate the narrow scope of application for exceptions to the without prejudice rule of legal privilege.
Background -
In two recent judgments, the High Court found exception to the ‘without prejudice’ rule...more
The UK government continues to prioritise combatting modern slavery risks while also extending reporting deadlines amid the COVID-19 pandemic.
On 20 April 2020, the UK government published guidance for companies on how to...more
The Court ruled on the “dominant purpose” test and offered guidance on the status of multiparty emails, and attachments.
Two recent Court of Appeal judgments have sought to clarify, and offer practical guidance relating...more
Recent judgments help to clarify purpose and threshold of unexplained wealth orders.
The National Crime Agency (NCA) has had a mixed start to 2020, with appeals heard on unexplained wealth orders (UWOs) testing the new...more
Litigation privilege and the circumstances in which courts will inspect documents over which privilege has been claimed.
In a significant decision, the English Court of Appeal has restricted the scope of litigation...more
New director Lisa Osofsky confirms her focus on cross-border and corporate cooperation.
On 3 September 2018, in her first speech, after only one week as head of the UK’s Serious Fraud Office (SFO), Lisa Osofsky laid out her...more
A new UK policy establishes a commitment to providing victims of overseas bribery with compensation; however, important questions remain that will impact implementation.
The UK’s Serious Fraud Office (SFO), the Crown...more
6/18/2018
/ Bribery ,
Costa Rica ,
Criminal Proceeds ,
Cross-Border ,
Financial Crimes ,
Foreign Corrupt Practices Act (FCPA) ,
Just Compensation ,
Proceeds of Crime Act 2002 (POCA) ,
Restitution ,
Serious Fraud Office (SFO) ,
UK
New director Lisa Osofsky’s cross-border and corporate experience may lead the SFO in a fresh direction.
The announcement that Lisa Osofsky has been appointed as Director of the UK’s Serious Fraud Office (SFO) likely...more
The English Court of Appeal provides further guidance, approving ENRC, on when litigation privilege will not apply to information gathering materials.
The English Court of Appeal (Criminal Division) has ruled that...more
The decision indicates that company counsel should consider early how best to anticipate challenges to privilege claims over investigation materials.
Introduction -
A recent English High Court decision has important...more
The English High Court has reconfirmed that litigation privilege can apply to information gathering in internal investigations. Specifically, lawyers must have engaged in the information gathering for the dominant purpose of...more
The UK Supreme Court has unanimously ruled that the criminal dishonesty test in R v Ghosh is wrong and that courts should no longer follow this test. The recent decision in Ivey v Genting Casinos clarifies that the test for...more
The UK’s growing focus on corporate criminal liability was seen in two recent pieces of news.
Last Friday the government announced a consultation on extending the reach of corporate criminal liability to additional...more