Corporate governance in Russia: the two-key principle and director liability | Infralex

Legal Briefing

Two-key principle The opportunity to appoint two or more directors in a company, who exercise their authority jointly or severally, has been available in many foreign jurisdictions for a long time. However, until 2014 Russian law stuck to the approach that only one person may hold the position of CEO and be indicated as CEO …

The assessment of bad faith in French trade mark proceedings | Lavoix

Legal Briefing

Recent case law has shown that bad faith is a continually evolving concept whose assessment can lead either to the cancellation or to the transfer of trade mark applications registered in bad faith. In 2019, French courts notably cancelled important French trade marks such as ‘Vente-privee‘ and ‘Laguiole‘ on the basis of their applicant’s bad …

Corporate governance: trends in Mexico | Deloitte Legal

Legal Briefing

In Mexico, corporate governance best practices have been part of the business environment for the last 20 years. Since 1999, following the OECD Principles (which in turn used the recommendations of the Cadbury Report to varying degrees), the first voluntary Mexican Best Corporate Practices Code (CMPC), issued by the Mexican Business Co-ordinator Council was published. …

2020 vision: minimising financial crime risk in US/UK M&A | Greenberg Traurig

Legal Briefing

The spread of criminal and regulatory laws into the corporate world has been underscored by a string of cases in the US and, more recently, the UK sparked by M&A activity. As a result, our transatlantic white collar crime defence and investigations group has seen an uptick in advising buyers and sellers on corporate transactions …

Too much of a good thing?

Legal Briefing

Nearly $1bn was invested in legal technology and New Law disruptors in 2018. That was across more than 50 funding rounds and included start-ups through to more established players, according to research from Investec. Venture capital, private equity, non-legal companies and trade buyers are increasingly interested in what they see as a highly lucrative legal …

Corruption, procurement and self-cleaning in Denmark | Kammeradvokaten/Poul Schmith

Legal Briefing

In 2015 Denmark’s image as one of the world’s least corrupt nations came under scrutiny as Atea A/S, the Danish subsidiary of the Norwegian IT supplier Atea ASA, came under investigation for bribing several public officials employed in IT departments of various Danish public authorities, including the national police and the regional authority, Region Zealand. …

The ultimate beneficial owner – the Achilles heel of money laundering? | Mareș & Mareș

Legal Briefing

Money laundering represents one of the key challenges in the fight against serious crime, especially considering its stealth nature as well as its cross-border dimension. There is an underlying link between money laundering and other crimes, such as corruption offences, human trafficking, drug trafficking or the financing of terrorism. One of the most significant and …

Straight talk: criminal defence and compliance in AML cases | PARK Wirtschaftsstrafrecht White-collar crime

Legal Briefing

Quotes: ‘Money laundering is for drug dealers and terrorists. We do not have any exposure’; ‘We have never checked against AML lists. Competitors don’t do it. Why would we?’; ‘Lawyers just don’t understand business. That’s just scare tactics’; ‘Yeah, we do have compliance. They don’t generate any revenue’; ‘We here in compliance can preach. But …

Greece’s new breach of trust offence: key issues for boards | Ioannis Giannidis Law Firm

Legal Briefing

‘Breach of trust’, an equivalent to ‘Untreue’, ‘abus de confiance‘ or ‘abuse of position’, is a typical white-collar crime in Greece and the main source of criminal liability risk for the boards of directors (BoDs), CEOs and other officers holding a position of trust within a corporation. Hence, the recent amendments to the actus reus …

The 2019 arbitration amendments – how long till India gets it right?

Legal Briefing

The Indian legislature has in the last few years been at pains to promote India as a hub for international arbitration. The first step in that direction was the promulgation of the Arbitration and Conciliation (Amendment) Act 2015 (2015 Amendment), which was aimed at reducing the interference of courts in arbitration proceedings.