The Civil Justice Council ("CJC") has issued a new report calling for an overhaul of the enforcement regime in England & Wales....more
In the context of asset recovery, a successful outcome largely depends on the ability of a claimant to garner sufficient disclosure of assets that are amenable to enforcement. This, in turn, explains why the powerful...more
7/8/2025
/ Asset Recovery ,
Corporate Structures ,
Criminal Prosecution ,
Debtors ,
Disclosure Requirements ,
Enforcement ,
France ,
Fraud ,
Injunctions ,
Injunctive Relief ,
Jurisdiction ,
Litigation Strategies ,
Norwich Orders ,
Rules of Civil Procedure ,
Switzerland ,
Third-Party ,
Tribunals ,
UK
On March 20, 2025, the UK's Serious Fraud Office ("SFO"), France's National Financial Prosecutor's Office ("PNF"), and the Office of the Attorney General of Switzerland ("OAG") announced the creation of a new task force to...more
3/31/2025
/ Anti-Corruption ,
Bribery ,
Corporate Counsel ,
Corruption ,
Enforcement Actions ,
Enforcement Guidance ,
Foreign Corrupt Practices Act (FCPA) ,
France ,
Government Agencies ,
International Trade ,
Joint Task Force ,
Serious Fraud Office (SFO) ,
Switzerland ,
UK
The UK Government has published much-anticipated guidance (the "Guidance") on the new corporate offense of failure to prevent fraud (introduced under the Economic Crime and Corporate Transparency Act 2023 ("ECCTA")), which...more
The Situation: On January 12, 2024, the United Kingdom signed up to the Hague Convention of July 2, 2019, on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters ("Hague 2019")....more
The Situation: After a year of debate, the Economic Crime and Corporate Transparency Act (the "Act") was passed into law on 26 October 2023....more
11/7/2023
/ Corporate Crimes ,
Corporate Entities ,
Corporate Governance ,
Corporate Transparency Act ,
Criminal Liability ,
Failure to Prevent ,
Financial Crimes ,
Fraud ,
Investigations ,
Regulatory Agenda ,
UK ,
UK Bribery Act ,
White Collar Crimes
While there are a number of ways in which organizations may become aware of potential wrongdoing internally, perhaps the most significant for its legal and compliance teams is internal reporting, or “whistleblowing,” by...more
5/15/2023
/ Cross-Border ,
Cross-Border Transactions ,
Employment Rights Act ,
EU ,
Financial Conduct Authority (FCA) ,
Foreign Nationals ,
Securities and Exchange Commission (SEC) ,
UK ,
United Arab Emirates (UAE) ,
Whistleblower Protection Policies ,
Whistleblowers
In Short -
The Situation: Insolvency officeholders increasingly find their investigations into a company's affairs frustrated by the comingling of records on a "group" server. Claims to privilege by other group entities (or...more
2/8/2023
/ Commercial Bankruptcy ,
Corporate Counsel ,
Creditors ,
Debtors ,
Discovery ,
Evidence ,
Fraud and Abuse ,
Insolvency ,
Investment Fraud ,
Ponzi Scheme ,
Privileged Documents ,
Serious Fraud Office (SFO) ,
UK
In Short -
The Situation: Following years of lobbying by senior prosecutors and other commentators, the UK government seems set to introduce an offence of a corporate failing to prevent economic crime....more
In Short The Situation: As businesses continue to grapple with realising the value of business and assets which are potentially impacted by sanctions related to Russia's war in Ukraine, an English company recently utilised...more
The deal reached between HM Government and the European Union on December 24, 2020, does not include any framework for the coordination and mutual recognition of cross-border insolvencies and restructurings. For the purposes...more
The Issue: The UK Supreme Court was asked to decide whether section 2 of the Criminal Justice Act 1987 granted the Serious Fraud Office ("SFO") powers to compel the production of documents held outside the United Kingdom. ...more
The Situation: High-profile money laundering incidents have caught the attention of lawmakers and enforcement authorities in the United Kingdom.
The Result: A new director at the Serious Fraud Office ("SFO"), the formation...more
6/26/2018
/ Anti-Money Laundering ,
Criminal Investigations ,
Deferred Prosecution Agreements ,
Financial Crimes ,
Financial Institutions ,
Foreign Corporations ,
Money Laundering ,
National Economic Crime Center (NECC) ,
Serious Fraud Office (SFO) ,
UK ,
Unexplained Wealth Orders (UWOs)
The recent decision of the UK Supreme Court in Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24 highlights the need for strict observance of No Oral Modification clauses in agreements....more