In July 2012, the UK government made significant changes to the adult dependant relative immigration route which previously fell for consideration under Immigration Rule 317. The new rules contained in Appendix FM significantly changed the criteria for this visa category to the extent that, now, comparatively few applicants are successful and the category is all but closed off. The resulting detrimental effect on British families cannot be underestimated. Continue reading “Adult dependant relatives and the ‘impossible’ threshold”
Self-reporting of corporate bribery: know your prosecutor, be proactive and have a story to tell
In this article we examine the key differences between the self-reporting initiative operated by the Crown Office and Procurator Fiscal Services (COPFS) in Scotland and the deferred prosecution regime now operating in the rest of the UK. Any business that uncovers corruption within the organisation should make sure it understands the differences between the two regimes before deciding which authority to approach.
Fair Employment Practices – Building a Singaporean Core
The Fair Consideration Framework (FCF) was introduced in Singapore in August 2014 with the aim of promoting fair employment practices. It requires employers to consider Singaporeans fairly for job vacancies and to provide them with equal employment opportunities based on merit. Under the FCF, it was noted that companies which have scope to improve their hiring and career development practices would be identified and monitored by the government. These companies may include those that have a disproportionately low concentration of Singaporeans at the professional, executive, managerial and technical (PMET) level compared to others in its industry, or those companies with repeated complaints of nationality-based or other discriminatory human resource practices. Continue reading “Fair Employment Practices – Building a Singaporean Core”
GCs, are you prepared for MAR?
There appears to be varying degrees of readiness across the breadth of MAR legislation, which reflects PwC Legal’s experience that only a small proportion of companies are totally prepared due to the uncertainties in the interpretation of MAR and related regulations. Given that some of the seven Implementing Regulations were only published late in June 2016, this is not surprising. However, by focusing on what is known and the guidance on Implementing Regulations that has been published, there are some key steps that GCs can take to help ensure their Companies, Persons Discharging Managerial Responsibilities (PMDRs) and Insiders are compliant with MAR.
Continue reading “GCs, are you prepared for MAR?”
Brexit and dispute resolution – intra-UK and in the European Union
The UK’s vote on 23 June 2016 to leave the European Union raises a wide variety of legal issues and questions. With the UK Government unlikely to trigger Article 50 of the Treaty on European Union until early 2017, and then at least a further two-year negotiation window to determine the future relationship between the UK and the EU, it will be some time before the structure of the future UK/EU relationship is agreed or even much clearer. The flip side of the coin is that, until Brexit happens, it is very much business as usual. Continue reading “Brexit and dispute resolution – intra-UK and in the European Union”
A new vision for general counsel
I want to give you an overview of my theory about the inside counsel revolution. It is clear it has happened in the US. It is happening to a degree in Europe and in Asia. General counsel have become much more sophisticated, capable and influential, transforming law and business in two ways. Inside the company, the GC has become the primary counsellor to the chief executive and board, replacing the law firm senior partner. He or she leads corporate units beyond the law.
The role has become comparable in importance to the chief financial officer (CFO) due to the increased global complexity and the rising importance of ‘business in society’ issues. There has been a dramatic change in the skill, the experience, the breadth and the compensation of the GC. Continue reading “A new vision for general counsel”
The big uneasy
It is the business issue that has dominated headlines for months and represents for UK plc a potentially far more profound impact than any general election or change of government. The vote on 23 June on the UK’s membership of the EU promises ominous levels of uncertainty for business and unprecedented challenges for general counsel (GCs) trying to help their companies manage systemic risks. In the second part of a collaboration withHerbert Smith Freehills (HSF), we gathered a group of senior in-house counsel to assess what legal teams should be doing now… and potentially on 24 June. Continue reading “The big uneasy”
Change partners
IHL: What initiatives has Microsoft and its legal department pioneered to promote ethnic diversity?
Mary Snapp: Microsoft’s legal department has had a focused diversity team for 12 years. Brad Smith [Microsoft’s president and chief legal officer] and I collaborated to start the diversity team within the department, which grew to include 85 people. Our original focus on women and racial and ethnic minorities has been sustained, but we have added other areas of diversity and inclusion focus over time, such as people with disabilities and US military veterans. Continue reading “Change partners”
None so zealous
‘I believe very strongly in leading by example,’ says Nokia global head of litigation Richard Vary. Although his legal team has a formal mentoring system in place, Vary maintains that it is the informal connections inherent in mentoring that play the most important role in developing in-house counsel. ‘You bring the people along, they see what you do, they see how you work rather than [you] telling people how to do their jobs. They’re professionals, they know what they’re doing. They’re intelligent – you give them the space to figure it out for themselves but also give them an example of the model of behaviours that you want.’ Continue reading “None so zealous”
Crude measures
Taken in isolation – and at £35bn, one of the largest oil and gas deals on record stands pretty well on its own – the acquisition of BG Group by Shell could be seen as a bellwether for a confident oil and gas market. But headline deals aside, the freefall in oil prices has had a lasting negative effect on the sector. And while the price of crude passed the psychologically important level of $50 per barrel recently, the attritional effect of the last 18 months is there to see. Continue reading “Crude measures”
Facilitating tax evasion – how it could affect you
On 17 April, the government published a second consultation document on a new criminal offence that will apply to companies that fail to prevent the facilitation of tax evasion by those associated with it. The new offence is one of a number of new initiatives designed to tackle offshore tax evasion and corruption. Continue reading “Facilitating tax evasion – how it could affect you”
The oil price collapse – UK regulators to the rescue?
The UK Continental Shelf (UKCS) is a mature oil and gas basin. The collapse in global oil prices from a high of $115 per barrel in June 2014 to a price below $30 a barrel earlier this year has had a severe impact on the basin. Although according to Oil & Gas UK (OGUK) UKCS production actually rose by almost 10% in 2015, revenues fell by 30%. Continue reading “The oil price collapse – UK regulators to the rescue?”