The Offence and Penalty -
On 8 May 2025, the UK’s Office of Financial Sanctions Implementation (OFSI) published its 11 April 2025 notice of its first-ever monetary penalty for an information offence relating to financial...more
5/19/2025
/ Civil Monetary Penalty ,
Compliance ,
Corporate Counsel ,
Corporate Governance ,
Disclosure Requirements ,
Economic Sanctions ,
Enforcement Actions ,
National Security ,
Office of Financial Sanctions Implementation (OFSI) ,
Penalties ,
Reporting Requirements ,
Russia ,
UK
Key Points -
- In 2024, securities litigation remained consistent with historical averages, with a slight increase in core filings and cases related to COVID-19 and artificial intelligence.
- The U.S. Supreme Court had an...more
2/27/2025
/ Acquisitions ,
Automotive Industry ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Digital Assets ,
Filing Requirements ,
Item 303 ,
Macquarie Infrastructure Corp v Moab Partners LP ,
Mergers ,
Popular ,
Private Securities Litigation Reform Act of 1995 ,
PSLRA ,
Real Estate Market ,
Rule 10b-5 ,
SEC v Jarkesy ,
Securities Fraud ,
Securities Litigation ,
Securities Regulation ,
Technology Sector
The past weeks and months have brought about tremendous political change in the West, as we move toward a new U.S. administration, a new College of Commissioners in Brussels and a new Polish presidency of the Council of the...more
11/13/2024
/ Capital Markets ,
CFIUS ,
China ,
Corporate Counsel ,
Economic Sanctions ,
Enforcement Actions ,
EU ,
Export Controls ,
Extraterritoriality Rules ,
Financial Institutions ,
Middle East ,
National Security ,
Regulatory Requirements ,
Russia ,
Sanctions ,
Tariffs ,
Trump Administration ,
UK ,
Ukraine ,
US Trade Policies ,
Whistleblowers
On 27 September 2024, the UK’s financial sanctions regulator, the Office of Financial Sanctions Implementation (OFSI), announced that it had issued its first monetary penalty for a breach of UK financial sanctions imposed...more
In Nuctech Warsaw (T-284/24), the EU Court of Justice held that EU subsidiaries can lawfully be required to provide access to email accounts and data held by their overseas parent company. The ruling involved the following...more
8/26/2024
/ Appeals ,
Commercial Litigation ,
Corporate Counsel ,
Corporate Governance ,
Enforcement Actions ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
Extraterritoriality Rules ,
Foreign Corporations ,
Popular ,
Privacy Laws ,
UK ,
White Collar Crimes
The UK Court of Appeal recently held that the National Crime Agency’s decision not to investigate whether cotton goods manufactured in China and imported to the UK were the product of forced labour was unlawful — a decision...more
7/8/2024
/ Appeals ,
China ,
Corporate Counsel ,
Financial Crimes ,
Financial Institutions ,
Imports ,
International Trade ,
Legislative Agendas ,
National Crime Agency (NCA) ,
Popular ,
Proceeds of Crime Act 2002 (POCA) ,
Supply Chain ,
UK
In the U.S. Department of Justice’s (DOJ’s) latest effort to promote voluntary self-disclosure of corporate misconduct by companies, Deputy Attorney General (DAG) Lisa Monaco has announced guidance regarding a new safe harbor...more
10/5/2023
/ Acquisitions ,
Compliance ,
Corporate Counsel ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Ethics ,
Mergers ,
New Guidance ,
Safe Harbors ,
Self-Disclosure Requirements ,
Voluntary Disclosure
In recent remarks, Principal Associate Deputy Attorney General (PADAG) Marshall Miller of the Department of Justice (DOJ) revealed that Deputy Attorney General Lisa Monaco will soon announce new voluntary self-disclosure...more
Two new Chinese laws dealing with data security and privacy came into force in the fall of 2021 that are likely to have an impact on many multinational companies operating in China or whose operations touch China. These two...more
11/4/2021
/ Algorithms ,
Artificial Intelligence ,
China ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
International Data Transfers ,
Personal Information ,
Personal Information Protection Law (PIPL)
As widely anticipated, French and U.K. regulators recently published guidance detailing their expectations for corporate cooperation in enforcement investigations. Both sets of guidance demonstrate further alignment of those...more
10/30/2019
/ AFA ,
Attorney-Client Privilege ,
CJIP ,
Cooperation Agreement ,
Corporate Counsel ,
Corporate Crimes ,
Corporate Liability ,
Corporate Misconduct ,
Criminal Investigations ,
Cross-Border ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Evidence ,
Foreign Corrupt Practices Act (FCPA) ,
France ,
Individual Accountability ,
Multidistrict Litigation ,
Multinationals ,
New Guidance ,
Remediation ,
Sapin II ,
Self-Disclosure Requirements ,
Serious Fraud Office (SFO) ,
UK ,
United States ,
Work-Product Doctrine ,
Yates Memorandum
On March 8, 2019, the U.S. Department of Justice announced an important change to its Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy concerning one of the conditions — “appropriate retention of business...more
3/22/2019
/ Amended Rules ,
Business Records ,
Commercial Electronic Messages ,
Communication Restrictions ,
Compliance ,
Cooperation ,
Corporate Counsel ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Discovery ,
Document Retention Policies ,
Electronically Stored Information ,
Employee Training ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Government Investigations ,
Mobile Apps ,
Multinationals ,
Record Retention ,
Remediation ,
Snapchat ,
Software ,
WhatsApp ,
White Collar Crimes
This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including DOJ guidance on the use of corporate monitors in criminal...more
1/7/2019
/ Anti-Bribery ,
Anti-Corruption ,
Anti-Money Laundering ,
Appeals ,
Attorney-Client Privilege ,
Brazil ,
Bribery ,
BSA/AML ,
China ,
Corporate Counsel ,
Criminal Conspiracy ,
Criminal Convictions ,
Criminal Investigations ,
Cross-Border ,
Cryptocurrency ,
Cyber Attacks ,
Cybersecurity ,
Data Privacy ,
Data Protection Acts ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Exports ,
Extraterritoriality Rules ,
FATCA ,
Financial Crimes ,
Foreign Corrupt Practices Act (FCPA) ,
Forex ,
France ,
Government Investigations ,
Guilty Pleas ,
Hackers ,
Imports ,
International Litigation ,
Iran ,
Legal Professional Privilege ,
Libor ,
Litigation Privilege ,
Market Manipulation ,
Money Laundering ,
Multi-Jurisdictional Litigation ,
Multinationals ,
NYDFS ,
Privileged Communication ,
Russia ,
Sanction Violations ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
SFO ,
Spoofing ,
Tax Fraud ,
Traders ,
UK ,
Unexplained Wealth Orders (UWOs) ,
United Arab Emirates (UAE) ,
Yates Memorandum
On October 4, 2017, Skadden presented the seminar “Government Enforcement Investigations – What You Need to Know in 2018.” Skadden partners Ryan Junck and Elizabeth Robertson, both based in London, moderated the panel...more
10/24/2017
/ Anti-Corruption ,
Anti-Money Laundering ,
Corporate Counsel ,
Criminal Penalties ,
Criminal Prosecution ,
Cybersecurity ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
General Data Protection Regulation (GDPR) ,
Government Investigations ,
Sanction Violations ,
Sapin II ,
Serious Fraud Office (SFO) ,
Tax Evasion ,
UK Criminal Finances Act 2017 ,
Whistleblowers ,
White Collar Crimes
On Tuesday, April 18, 2017, Acting Principal Deputy Assistant Attorney General Trevor McFadden (the P-DAAG) spoke at the 10th Anti-Corruption, Export Controls & Sanctions Compliance Summit in Washington, D.C. After much...more
4/24/2017
/ Anti-Corruption ,
Bribery ,
Corporate Counsel ,
Criminal Penalties ,
Economic Sanctions ,
Enforcement Actions ,
Exports ,
Foreign Corporations ,
Foreign Corrupt Practices Act (FCPA) ,
Trump Administration ,
Yates Memorandum
On March 7, 2017, the United States announced that China’s Zhongxing Telecommunications Equipment Corporation and ZTE Kangxun Telecommunications Ltd. and their respective affiliates (collectively, ZTE) had agreed to a record...more
3/10/2017
/ Attorney General ,
Bureau of Industry and Security (BIS) ,
China ,
Civil Monetary Penalty ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Embargo ,
Export Administration Regulations (EAR) ,
Export Controls ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
Iran Sanctions ,
ITAR ,
National Security ,
North Korea ,
Obstruction of Justice ,
Office of Foreign Assets Control (OFAC) ,
Plea Agreements ,
Sanction Violations ,
Settlement ,
Software ,
Telecommunications
On September 20, 2016, Skadden presented a seminar titled “Government Enforcement Investigations – Trends and Perspectives from the UK, US and China” in London. The UK Financial Conduct Authority (FCA) Director of Enforcement...more
10/3/2016
/ Anti-Corruption ,
Anti-Money Laundering ,
Bribery ,
China ,
Compliance ,
Corporate Counsel ,
Corporate Misconduct ,
Corruption ,
Department of Justice (DOJ) ,
Federal Pilot Programs ,
Financial Conduct Authority (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
Government Investigations ,
Market Abuse ,
Money Laundering ,
Popular ,
Sanctions ,
Self-Reporting ,
Serious Fraud Office (SFO) ,
Whistleblowers ,
Yates Memorandum