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 tandem with an investigation by the police or other investigating authority. Continue reading “Company investigations: a ten-point plan”
White collar and related investigations – the trends you need to know
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. Continue reading “White collar and related investigations – the trends you need to know”
White-collar crime: law on dishonesty re-written
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 consequences, particularly for white-collar crime cases. Continue reading “White-collar crime: law on dishonesty re-written”
The Legal Services Act ten years on – still waiting for the Big Bang
It has been ten years since the Legal Services Act gained Royal Assent, ushering in the most liberal services market in the world by some margin. Given that span of time, and the five years since the most radical elements of the act came into force with the regime for alternative business structures (ABS), it is natural to ask if it has lived up to billing. Continue reading “The Legal Services Act ten years on – still waiting for the Big Bang”
Fresh starts
Look out law schools, there is a disrupter in town. Naturally, that town is Silicon Valley, the home of innovation. And the innovator in question is University of California Berkeley, which includes a leading US law school, renowned for its prowess in technology and IP.
Nowhere to run
A key session of the Commercial Litigation Summit tackled aspects of global investigations from an in-house and external adviser perspective. Clifford Chance partner Judith Seddon began by looking at deferred prosecution agreements (DPAs) and self-reporting. She posed the question: ‘How effective are DPAs in changing corporate behaviour? From a corporate-governance perspective, does the failure-to-prevent offence focus the board’s attention on the importance of ensuring it has adequate or reasonable procedures?’ Continue reading “Nowhere to run”
The cutting edge
During Apple’s earnings conference call in May, chief executive Tim Cook discussed the company’s long-running and bitter dispute with Qualcomm, a company that manufactures internal components for the iPhone.
Joining the dots to manage data risk
The In-House Lawyer’s earlier survey with DAC Beachcroft in the Spring 2017 issue, ‘Managing Risk: The In-House View’ identified these key points:
Internal affairs
The final session of the 2017 Commercial Litigation Summit sought the views of senior in-house counsel on managing disputes. Chairing the panel, Stephen Moriarty QC of Fountain Court Chambers kicked off the debate by tackling the perception of an in-house department as a cost centre – effectively, a necessary evil – citing the CV of Hausfeld’s Laurent Geelhand as an anecdote. Prior to joining the law firm, Geelhand was the European general counsel (GC) of Michelin, credited with turning ‘Michelin’s European legal department into a profit centre by systematically pursuing actions against third parties’. Moriarty asked the panel whether that is a realistic approach to running an in-house team. Continue reading “Internal affairs”
The new space race
When President John F Kennedy stood before Rice University on 12 September 1962 and boldly declared that not only would the US be the first country to land on the moon, but they would do it before the end of the decade, he captured the imagination of a generation. Continue reading “The new space race”
Irresistible forces
Alex Novarese, The In-House Lawyer: Looking at the top of the market, how is buying behaviour changing? Continue reading “Irresistible forces”
Autumn Budget 2017 update
As expected, in one of the most substantive changes to the taxation of real estate in recent years, the Chancellor has announced the extension of corporation tax to the income of non-UK corporate landlords (NRCLs). Continue reading “Autumn Budget 2017 update”