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Corporate Crime & Compliance UK
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February 11, 2025
Vacuum Or Trap? What Trump's FCPA Halt Means For SFO
U.S. President Donald Trump's decision to stop enforcing bribery laws against American companies creates a potential vacuum for the Serious Fraud Office to fill, though lawyers caution that prosecuting U.S. companies could prove a political hazard for the U.K. enforcement agency.
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February 11, 2025
Met Office Process For Tackling Sexual Misconduct Upended
A London court ruled Tuesday that the Met's process to pull clearance for police officers accused of sexual misconduct is unlawful, leaving the force in what it called "a hopeless position" to tackle unfit officers after Wayne Couzens' rape and murder conviction.
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February 11, 2025
BT Fends Off Customers' Bid To Revive £1.3B Class Action
A group of BT landline customers have failed to revive a £1.3 billion ($2 billion) class action against the telecom giant, after a competition tribunal refused Tuesday to allow an appeal against the first substantive ruling deciding a U.K. collective proceedings order claim.
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February 11, 2025
StanChart Bids To Slash £762M From UK Investor Claim
Standard Chartered urged the High Court on Tuesday to strike out claims from passive investors worth £762 million ($943 million) in litigation accusing the bank of making untrue or misleading market statements about its sanctions noncompliance.
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February 11, 2025
Tribunal To Consider If FCA Has Equality Duty In Cum-Ex Row
The U.K.'s Upper Tribunal will hold a preliminary hearing to decide whether the Financial Conduct Authority has a duty to not discriminate when it fined and banned a cum-ex trader from the industry, according to a tribunal decision published Tuesday.
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February 11, 2025
Barclays Sued Over Staffer's Alleged Role In $643K Fraud
A Singaporean fire safety business has sued Barclays Bank PLC over an elaborate fraud that caused it to send $643,000, alleging that a bank employee was involved in the plot to dupe it into transferring funds to criminals.
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February 11, 2025
Procurement Biz Blocks Disclosure In Byju's $533M Debt Fight
A London judge on Tuesday ruled it would be oppressive to force a U.K. procurement company to provide evidence related to an allegedly fraudulent $533 million transaction for Delaware court proceedings involving the bankrupt U.S. subsidiary of Indian educational tech firm Byju's.
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February 11, 2025
MPs' WhatsApp Scandal A Cautionary Tale On Privacy At Work
The sanctioning of two Labour members of Parliament for offensive comments made in a group chat is a reminder that what happens on WhatsApp is not private, employment law experts have warned.
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February 10, 2025
Pension Execs Found Liable In $2B Danish Tax Fraud Case
A New York federal jury found Monday by "clear and convincing evidence" that Denmark's tax agency reasonably relied on the false statements made on pension plan applications that were part of a $2.1 billion tax fraud scheme by pension plan executives.
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February 10, 2025
Financier Bids To Resurrect HMRC Bungled Prosecution Claim
A corporate financier sought permission Monday to challenge a decision to dismiss his claim against HM Revenue and Customs and the Crown Prosecution Service for wrongly prosecuting him, arguing that the judge had failed to properly consider the evidence.
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February 10, 2025
Film Executives Ran £13M VAT Fraud, Prosecutors Tell Jury
Four former managers at a film production company best known for "Avatar" cheated taxpayers out of £13 million ($16.14 million) through a "convoluted" VAT scheme run out of the back garden of a modest home in London, prosecutors told a jury on Monday.
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February 10, 2025
Billionaire's Daughter Mothballs Purchase Of Infested Mansion
The daughter of a Georgian billionaire and her husband can hand back a £32.5 million ($40 million) London mansion infested with "millions of moths" after a judge found on Monday that the property seller hid the problem.
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February 10, 2025
Gov't Prompted To Prioritize Fighting Economic Crime
The U.K. government was urged by a financial services group on Monday to spend more on fighting economic crime and to require that tech companies contribute to fraud reimbursement.
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February 10, 2025
Property Boss' Brother Denies Dodging £13M Fraud Recovery
The brother of a property tycoon who funneled £13 million ($16 million) out of his family business has hit back at claims that he transferred his shares from an investment venture to escape attempts to recover funds dissipated from the fraud.
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February 10, 2025
BoE Sets Out Pro-Growth Priorities For Finance Infrastructure
The Bank of England this year will focus on regulating financial market infrastructures to help underpin growth, as it benefits from technology such as artificial intelligence, a senior BoE official said Monday.
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February 07, 2025
Ousted CMA Chair Says 'Misinformation' Remains A Challenge
The recently ousted chair of the U.K.'s Competition and Markets Authority reflected on what he said were great strides undoing the antitrust agency's "technocratic" character, but added it made the least progress in combating "lobbying and misinformation" intended to undermine the agency's decisions, including around the cleared Microsoft-Activision merger.
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February 07, 2025
Pharmacy Chain Says Seller Inflated Value In £10M M&A Deal
A Yorkshire-based pharmacy chain has brought a £9.9 million ($12.3 million) claim in a London court against the previous owners of a group of pharmacy companies it acquired, alleging they made dishonest statements about the group's finances.
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February 07, 2025
UAE Prisoner Subpoenas Ex-Dechert GC Over Torture Claims
A Jordanian lawyer imprisoned in the United Arab Emirates has subpoenaed Dechert's former general counsel in the U.S. over what the law firm's top brass knew of alleged human rights abuses said to have been committed by a former partner.
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February 07, 2025
Sheikh Must Pay Costs Or Lose Defense To Inheritance Fight
An Emirati royal accused of embezzling more than $1 billion from his dead father must pay a £90,000 ($112,000) costs order in British proceedings or be blocked from defending his brothers' fight to enforce a £75 million UAE judgment in England.
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February 07, 2025
Woman In Spy Trial Denies Coordinating Far-Right Sticker Plot
A woman accused of spying for Russia denied at her trial on Friday that she had directed her best friend to deface Jewish and Russian monuments in Austria with far-right symbols to make it look like the work of supporters of Ukraine.
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February 07, 2025
Quantum Computers 'Imminent Threat' To Data, Europol Says
The financial sector faces an "imminent threat" that coded security measures to protect data could be broken by advanced computers and companies must start transitioning to more secure defenses now, a European Union law enforcement agency warned Friday.
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February 07, 2025
FCA Doubles Withdrawals, Changes To Misleading Ads In 2024
The Financial Conduct Authority said Friday its interventions led to authorized businesses withdrawing or amending 19,766 misleading advertisements in 2024 — up from 10,008 the previous year.
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February 07, 2025
Chinese State-Owned Firm Must Sell UK Semiconductor Stake
A London court has rejected a Chinese state-owned investment company's bid for interim relief against an order to sell its stake in a British semiconductor business over national security concerns.
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February 07, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Investec Bank PLC sue two diamond tycoons, London florist Nikki Tibbles file a claim against an "imitator company," a direct descendant of the Cartier family launch a claim, and a Coronation Street actor hit footballer Joe Bunney with a defamation claim. Here, Law360 looks at these and other new claims in the U.K.
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February 07, 2025
Blowback From Name And Shame Plan Hurts FCA Credibility
An embarrassing rebuke for the City watchdog's controversial proposal to "name and shame" companies under investigation for financial misconduct at an early stage has undermined its regulatory credibility as well as efforts to boost London's competitiveness as a financial center.
Expert Analysis
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A Primer On EU's Updated Human Substance Regulations
The European Union's updated standards regarding quality and safety of substances of human origin meant for human application carry significant implications for companies that work with cells and tissues, and U.S. companies active in the EU market should pay particular attention to the import and export rules, say Geneviève Michaux and Georgios Symeonidis at King & Spalding.
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Autonomy Execs' Acquittal Highlights Good Faith Instruction
The recent acquittal of two former Autonomy executives demonstrates that a good faith jury instruction can be the cornerstone of an effective defense strategy in white collar criminal cases, in part because the concept of good faith is a human experience every juror can relate to, says Sara Kropf at Kropf Moseley.
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Implications Of The EU AI Act For Medtech Companies
Lawyers at Hogan Lovells discuss challenges the medtech sector faces in conforming with the requirements of the recently enacted European Union Artificial Intelligence Act, and the necessity for a detailed comparison with existing legislation to identify and address potential gaps.
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Insurance Rulings Show Court Hesitancy To Fix Policy Errors
Two recent Court of Appeal insurance decisions highlight that policyholders can only overcome policy drafting errors and claim coverage if there is a very obvious mistake, emphasizing courts' reluctance to rewrite contract terms that are capable of enforcement, says Aaron Le Marquer at Stewarts.
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What New UK Listing Rules Mean For Distressed Companies
The Financial Conduct Authority’s recently published overhaul of U.K. listing rules makes it easier for advisers to restructure distressed listed companies, and in moving to a more disclosure-based approach, simplifies timelines and increases opportunities for investors, say Kate Stephenson and Sarah Ullathorne at Kirkland & Ellis.
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AI Reforms Prompt Fintech Compliance Considerations
With the EU Artificial Intelligence Act's Aug. 1 enforcement, and the U.K.'s new plans to introduce AI reforms, fintech companies should consider how to best focus limited resources as they balance innovation and compliance, says Nicola Kerr-Shaw at Skadden.
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Irish Businesses Should Act Now To Prepare For EU AI Act
Artificial intelligence is increasingly transforming the Irish job market, and proactive engagement with the forthcoming European Union AI Act, a significant shift in the regulatory landscape for Irish businesses, will be essential for Irish businesses to responsibly harness AI’s advantages and to maintain legal compliance, say lawyers at Pinsent Masons.
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Takeaways From World Uyghur Congress Forced Labor Ruling
The Court of Appeal’s recent judgment in the World Uyghur Congress' case against the National Crime Agency confirms that companies dealing in goods that they suspect to be products of forced labor are potentially liable to criminal prosecution, presenting significant legal risks that cannot always be mitigated through conducting supply chain due diligence, say lawyers at King & Spalding.
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10 Ways To Manage AI Risks In Service Contracts
With the European Union Artificial Intelligence Act coming into force on Aug. 1 and introducing a new regulatory risk, and with AI technology continuing to develop at pace, parties to services arrangements should employ mechanisms now to build in flexibility and get on the front foot, says James Longster at Travers Smith.
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What Future May Hold For AI Innovation In UK Under Labour
Labour’s recent King's Speech was notable in its absence of discussion of a comprehensive artificial intelligence bill, and while this may indicate to many that the UK is open for business, the party’s approach to cross-sectoral engagement will be critical for shaping Britain's AI landscape in the near term, says Alexander Amato-Cravero at Herbert Smith.
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Unpacking The New Concept Of 'Trading Misfeasance'
In addition to granting one of the largest trading awards since the Insolvency Act was passed in 1986, the High Court recently introduced a novel claim for misfeasant trading in Wright v. Chappell, opening the door to liability for directors, even where insolvent liquidation or administration was not inevitable, say lawyers at Greenberg Traurig.
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EU WhatsApp Deletion Fine Sends Clear Message
The recent European Commission fine of International Flavors & Fragrances — the first for the deletion of social media messages during a dawn raid — although halved as a result of IFF's cooperation, shows the commission's view on obstruction poses a real risk to companies under investigation, says Matthew Hall at McGuireWoods.
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Key Takeaways From Proposed EU Anticorruption Directive
The European Commission's anticorruption proposal, on which the EU Council recently adopted a position, will substantially alter the landscape of corporate compliance and liability across the EU, so companies will need to undertake rigorous revisions of their compliance frameworks to align with the directive's demands, say lawyers at Linklaters.
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Implications Of EU Network Directive For Data Center Owners
With the October implementation deadline of the EU’s new cybersecurity regime under the Network Systems Directive fast approaching, data center owners and operators need to consider compliance steps, and U.K. companies providing services in the EU should take note, say lawyers at Bird & Bird.
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New EU Guidelines Provide Insights On Global AI Regulation
The European Data Protection Supervisor’s first guidelines on artificial intelligence only apply to governmental bodies, but together with the EU AI Act they demonstrate a strong and prescriptive policy, and offer a glimpse into what could be the next phase in world AI regulation, says Kevin Benedicto at Redgrave.