Austrian law regards directors and officers as fiduciaries of their respective company (or rather: its shareholders). This is because, as a basic principle, executives do not usually manage their own assets but rather assets belonging to third parties.
Today, it is a question of when and not if a cyber security breach will occur in your business. Every organisation needs to be aware of the risks and how to react when a breach occurs.
Internal investigations and public enforcement actions pose significant legal challenges for companies. The inherent multidisciplinary nature of the most frequent issues, which requires an in-depth knowledge not only of the laws and regulations of the relevant industry, but also of criminal, corporate, contract, data protection and labour law (often in more than one jurisdiction), increases …
Continue reading “Internal investigations and public enforcement: challenges under Italian law”
In recent years the size of the administrative fines imposed by the Central Bank of Ireland (CBI) in enforcement cases has significantly increased. This article gives an overview of the CBI’s enforcement regime, including the compulsory information gathering-powers that the CBI has at its disposal and the scenarios in which these powers could be used …
Continue reading “Regulatory investigations by the Central Bank of Ireland”
Kate McMahon and, Tamlyn Edmonds of Edmonds Marshall McMahon discuss their approach to white-collar crime investigation and the unique role that specialist firms can play.
Being a director or senior officer of a corporate organisation has a number of responsibilities. With these is a corresponding liability when things go awry. These include the possibility of a prosecution if the criminal law has been breached.
Internal investigations can be challenging – they are fast paced, highly sensitive, completely confidential and necessitate strategic choices at every turn. They require a steady hand at the helm, guided by the most accurate and precise information available at the time. Internal investigations combine a number of skills such as crisis management, damage control and …
Continue reading “The structure of an internal investigation”
With investigations such as the Paradise Papers and LuxLeaks placing tax arrangements squarely under the spotlight, it seems clear that businesses as well as wealthy individuals need to consider tax planning from a reputational as well as a legal perspective. In the eyes of the public, there is scant difference between tax evasion and aggressive …
Continue reading “Criminal Finances Act: another change to the corporate legal landscape”
When a company learns that there may have been serious misconduct within the organisation, one option is for it to conduct its own internal investigation to establish what has happened, who is liable and how to make sure that it does not happen again. A company investigation may take place either instead of or in …
Political and public pressures continue to drive significant changes in the approach to criminal corporate enforcement throughout the world. The UK has proved no exception and in September 2017 the Criminal Finances Act 2017 created another strict liability criminal offence for businesses, for failing to prevent facilitation of UK or foreign tax evasion.