As reported in KPMG’s 2016 Global Profiles of the Fraudster, more than half of the frauds were uncovered by whistleblowers and tip-offs. So to more effectively root out corporate malfeasance and corruption, some countries have promulgated laws to make internal reporting channels in both the public and private sectors mandatory. The laws include the Whistleblower …
Continue reading “Emerging need for whistleblower programmes”
Litigation funding is often hailed as the most effective risk transfer tool to finance a claim. However, for many businesses that simply isn’t the case. This may seem like a counterproductive statement for a funding specialist to make so let me explain. If a business is to capitalise on the potential asset they hold in …
Corporate crises are on the upswing. A faster-paced R&D cycle, improved but riskier technology, 24-hour news… the list of triggers goes on. But our understanding of such events has not always evolved at the same pace. We speak of a crisis as a single incident but, in reality, a chain reaction will likely ensue – …
Over the past few years in London, our disputes practice has seen a rising tide in big ticket claims against individual directors. We have also seen a similar trend across our global network and in some of the offshore jurisdictions where we have strong links with local firms.
Businesses are creating data every day, from emails, word documents and spreadsheets, to social media posts. According to IBM, over 2.5 quintillion bytes of data are created every day. All this data is posing many challenges for businesses, including how to quickly and easily access and review mountains of data in the event of an …
The asymmetric approach King Pyrrhus of Epirus famously said: ‘If we are victorious in one more battle with the Romans, we shall be utterly ruined.’ He was talking in 279 BC about the large number of soldiers he had lost in the battle of Asculum, but today he could just as easily have been referring to …
Third-party litigation and arbitration funding is increasingly more prevalent, as a result of it being embraced by a greater number of jurisdictions and the funders themselves having raised a vast amount of money to invest in claims. Third-party funding can benefit both under-resourced growing businesses as well as established and profitable companies, allowing them to …
Technology is at the heart of the legal sector’s current, well-publicised drive for innovation. With the demands placed on in-house legal teams increasing, and legal budgets trending downwards, the pressure on outside counsel to provide genuine value to their corporate clients has never been greater.
A recent judgment by the Court of Justice of the European Union (CJEU) sent shockwaves through the investment treaty community and is likely to have far-reaching consequences for European investments. Investors have long relied on investment protections contained in international investment agreements such as the more than 2,000 bilateral investment treaties (BITs) between countries across …
Continue reading “Recent trends: investment arbitration, financial sanctions and litigation”
Policing in-house counsel The Financial Conduct Authority (FCA) launched a consultation in January on whether in-house lawyers at finance houses should be policed under the incoming Senior Managers Regime, in an attempt to clarify uncertainties regarding the overall responsibility of an in-house legal function under FCA’s rules. Bringing lawyers under the regime, designed to boost …
Consider this a call to arms or an acknowledgement that I can use all the help I can get but our team has begun turning its mind to the next Enterprise GC summit, the flagship in-house event from our parent company Legalease. It is, and has been, a group effort spanning teams across The Legal …
Continue reading “Getting down to business for Enterprise GC”
The London office of peer-to-peer lender Funding Circle is exactly what you would expect from one of the UK’s largest and most high-profile fintech businesses.