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.
For 35 years the standard test for dishonesty in criminal trials has been that set out by the Court of Appeal in R v Ghosh. But last month, the Supreme Court overturned this authority in obiter comments in the judgment of Ivey v Genting Casinos. We examine the reasoning behind this decision and its likely …
Continue reading “White-collar crime: law on dishonesty re-written”
David Boyd, partner in Eversheds Sutherland Consulting and previous head of banking for the firm talks about the changes in the legal market and how solutions deemed ‘new law’ are becoming the future in the way legal teams work.
In the landmark decision of Toufik Lounes v Secretary of State for the Home Department (C‑165/16), the European Court of Justice (ECJ) has held that an EEA national who exercises free movement in another member state, and who later naturalises in that country and retains their original nationality, continues to enjoy the rights afforded under …
Continue reading “Landmark ECJ decision for derived right of residence for EEA family members”
On 7 November 2017, the UK government provided the European Commission with a ‘technical document’ with the aim of further clarifying its proposals in respect of post-Brexit citizenship rights. The note aims to offer reassurance to EU citizens and their family members by setting out further details of how a new ‘settled status’ scheme will operate …
The recent Government policy document leaked and published by The Guardian newspaper has given an indication of the post-Brexit immigration strategy. Despite not representing formal policy, given its unofficial status and the fact that the Government has yet to hear views from numerous stakeholders including the Migration Advisory Committee (MAC), current Government thinking is represented …
Rights holders continue to have an ongoing battle against technological developments that facilitate free access to their content. The battles have taken many forms over the years since the creation of the printing press, recording TV and radio to VHS and cassettes respectively all the way through to the music industry’s fight against Napster.
The government enacted the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (the MLR 2017) on 26 June 2017. These are based on the same principles as the pre-existing rules, but contain significant changes which affect how regulated organisations must structure their anti-money laundering (AML) functions and carry out …
Continue reading “New money laundering standards – what you need to know”
AdamsonJones provides intellectual property (IP) services encompassing patent, design and trade mark protection and advice in the UK, Europe and throughout the world. The firm works with an expanding list of sophisticated and demanding clients, ranging from innovative start-ups and small and medium enterprises (SMEs) to multinational corporations and internationally renowned universities. AdamsonJones also represents …