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 greater good

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Matthew Scully, Clifford Chance: There are two things that I wanted to touch on: first, whether there is such a thing as a good culture – I would say there is no one good corporate culture for all businesses but there are perhaps some basic common features – and, second, the notion of ‘tone from …

US anti-corruption developments – 2019 in review | Diaz, Reus & Targ

Legal Briefing

Throughout 2019, the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) continued to actively investigate and prosecute individuals and corporations under the Foreign Corrupt Practices Act (FCPA) for suspected involvement with political corruption and/or bribery around the world. The US implemented further aggressive measures to fight corruption, including economic sanctions administered …

A different mindset

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Alex Novarese, The In-House Lawyer: It has been a record period for Asian activity into Europe. How do you see the general trends? Abhijit Mukhopadhyay, Hinduja Group: China is an issue, because the main difference between the Asian companies, European companies and Chinese companies is that Chinese companies are directly or indirectly state-owned. The second …

The justified limitation of associations’ powers in the fight against corruption | Darrois Villey Maillot Brochier

Legal Briefing

In France, the fight against the great scourges that are corruption, misappropriation of public funds and more generally white-collar crime has led to the emergence of non-governmental organisations (NGOs), constituted in the form of associations, who play the role of public accusers, a role traditionally held by the state prosecutor but without being subject to …

When the tide goes out

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There is a long-established truism among white-collar crime lawyers that when a country goes into a recession, financial crime rises to the surface. And with various reports suggesting Brexit uncertainty and low business confidence could tip the UK economy into a downturn, those specialists are predicting more work will hit desks soon.

Options for internal investigations under Italian law and data protection issues | Cleary Gottlieb Steen & Hamilton

Legal Briefing

Following up on our previous article regarding internal investigations in Italy, issues that arise when the internal investigation concerns a white-collar crime are also worth addressing. When there is knowledge (or suspicion) that a crime has been committed within a company and a criminal proceeding is pending (or may be brought), internal investigations become particularly …

Digital maturity for legal departments | Wolters Kluwer

Legal Briefing

The term ‘digital transformation’ has become a buzzword in the corporate world, although the meaning is open to interpretation. For some organisations, digital transformation simply means incorporating the latest app into existing infrastructure. Yet, another interpretation involves the implementation of technology, to change the way organisations conduct business. That’s where digital maturity comes into play …

Asset recovery in Turkey: are criminal proceedings the only way? | Moroğlu Arseven

Legal Briefing

White-collar crimes have not only increased in scale but have also become increasingly sophisticated. Individuals, companies, and financial institutions have been outflanked by criminal attacks. Furthermore, with advancing technology and complex transactional structures, the proceeds of white-collar crime have become easier to dissipate and move. Accordingly, alongside combating the criminals, finding new and effective ways …

Different strokes

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Rachel Gonzalez, general counsel, Starbucks Starbucks has a fundamental business tenet that we are creating a welcoming place for all people, and that means inclusion and diversity is critical to our success. We provide inclusion training and tools to managers to ensure we are preparing all leaders to foster a diverse culture based on merit.

All together now | Herbert Smith Freehills

Legal Briefing

The important role that UK business has to play in wider society is being reflected in their updated corporate governance arrangements, explain Paul Ellerman, Caroline Rae, Gareth Sykes and Ben Ward of Herbert Smith Freehills In most major jurisdictions there has been a considerable increase in focus on corporate governance issues in recent years. In …