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Corporate Crime & Compliance UK
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August 29, 2024
Feds Say Ex-BigLaw Atty Can't Shake OneCoin Conviction
Federal prosecutors have told the Second Circuit that former Locke Lord LLP partner Mark S. Scott has "greatly exaggerate[d]" the importance of testimony from a government witness, some of which was later shown to be perjury, in a bid to have his money laundering conviction reversed.
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August 29, 2024
UK Man Hid Yacht Fraud During Green Card Bid, Feds Say
A U.K. man was charged with lying on a green card application when he failed to mention that he had served three years in prison for numerous fraud schemes and reportedly attempted to flee after being arrested, Boston prosecutors announced Thursday.
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August 29, 2024
Ex-Cooley Solicitor To Face Disciplinary Tribunal For Stalking
The Solicitors Regulation Authority has referred a former solicitor at Cooley LLP to a disciplinary tribunal after he was convicted by a criminal court of stalking a woman for more than three months.
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August 29, 2024
Oil Execs Get 13 Years For $1.8B 1MDB Fraud
Two former PetroSaudi executives have been sentenced at a Swiss court to a combined 13 years in prison for embezzling more than $1.8 billion from Malaysia's state-backed investment fund in what prosecutors said was one of the biggest frauds ever perpetrated.
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August 29, 2024
EU Warns That Greenwashing Risk Could Hit Investment
The European Union's markets watchdog said Thursday in its latest risk monitoring report that greenwashing and related malpractices are undermining investor trust and the credibility of green finance.
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August 29, 2024
Ombudsman Reports 70% Surge In Financial Complaints
Users of financial products lodged 70% more complaints in the first quarter of the 2024/25 financial year compared with the corresponding previous period, the Financial Ombudsman Service reported on Thursday, a jump from almost 44,000 to approximately 75,000.
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August 28, 2024
Nutrition Biz Says UK Co. Used 'Nutramax' TM For Scam Site
A supplements provider has sued a British company and its director in a London court for allegedly using the provider's "Nutramax" trademark on a scam business that targets "vulnerable and elderly" shoppers.
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September 04, 2024
Cooley Hires Disputes Pro From Bird & Bird In London
Cooley LLP said Wednesday that it has recruited an expert in technology and data privacy disputes from Bird & Bird LLP to strengthen its commercial litigation practice in London.
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August 28, 2024
Ex-Weightmans Pro Struck Off Over Lies And False Emails
A former Weightmans LLP and Capsticks LLP solicitor was struck off by a tribunal on Wednesday after she admitted lying to her boss about completing work, falsifying emails and concealing the fact she was fired over the dishonesty.
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August 28, 2024
Collapsed Forex Broker To Pay Whistleblowing Exec £564K
A compliance director at a foreign exchange brokerage who reported the firm to the financial services watchdog over its alleged illicit activities has won more than £560,000 ($740,000) after a tribunal ruled the company had unlawfully sacked him.
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August 28, 2024
HP's $4B Problem: Fight, Or Leave Lynch's Family Alone?
Legal troubles created by the sale of Mike Lynch's business to Hewlett Packard are unlikely to end with his death — the technology giant has refused to rule out pursuing the tycoon's estate for $4 billion as it weighs the risk of upsetting shareholders against the damage to its reputation, lawyers say.
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August 28, 2024
FCA To Launch Probe Into 'Pure Protection' Insurance Market
The financial watchdog said Wednesday that it plans to investigate competition within the pure protection insurance market in the U.K. amid concerns that consumers might not be getting fair value from these products.
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August 27, 2024
Forsters, Ex-Bank Lawyer Try To Duck Property Deal Case
Forsters LLP and a former Bank of Tokyo-Mitsubishi lawyer who was convicted of a multimillion-pound fraud are seeking to avoid being dragged into a philanthropist's £3.5 million ($4.6 million) legal battle over a collapsed property deal.
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August 27, 2024
Money Laundering Cases Surge At Crown Courts, KPMG Says
The overall value of fraud cases involving money laundering heard at crown courts has risen nearly fourfold in the first half of this year, according a report issued by KPMG on Wednesday.
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August 27, 2024
Ex-Barclays Exec Loses Appeal Over FCA Ban On Senior Job
Former Barclays wealth boss Thomas Kalaris has lost his appeal against the Financial Conduct Authority's decision banning him from holding a regulated senior management position at the firm he founded, as a London tribunal found in a judgment made public Tuesday he had given false evidence during interviews with the regulator.
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August 27, 2024
Hong Kong Woman's Asset Freeze Extended Over Fraud Case
A London judge on Tuesday allowed a freezing order to be extended against a woman accused of defrauding her former employers of 164 million Hong Kong dollars ($21 million).
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August 27, 2024
25 Banks To Adopt Tool For Survivors Of Economic Abuse
Twenty-five banks and building societies have committed to working with a new tool designed to help survivors of economic abuse, Britain's banking trade body said on Tuesday.
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August 26, 2024
Uber Hit With €290M Dutch Fine For EU Data Transfers To US
The Netherlands' data protection authority has fined Uber €290 million ($324 million) on allegations it failed to use a valid mechanism for sending European drivers' personal data to the U.S. for more than two years, a penalty that the ride-sharing provider has vowed to appeal.
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August 24, 2024
Italian Prosecutors Open Criminal Probe Into Yacht Sinking
Italian prosecutors said Saturday that they have opened a criminal investigation into the sinking of a superyacht that claimed the lives of seven people including a partner at Clifford Chance LLP and his client, British technology mogul Mike Lynch.
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August 23, 2024
Google Faces £1B Antitrust Claim Over App Store Practices
Google was hit Friday with a £1.04 billion ($1.37 billion) claim at the U.K.'s competition regulator over alleged anticompetitive practices on its app store, adding to the tech giant's legal troubles.
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August 23, 2024
Bribery Suspect Can't Dodge Extradition Over Mental Health
A London court on Friday dismissed a bribery suspect's challenge to his extradition to South Africa, finding there are appropriate measures in place to cope with the 76-year-old's mental condition and suicide risk.
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August 23, 2024
Ex-Iraqi Minister Foils Reporting Org.'s Defense In Libel Case
An Iraqi politician has successfully persuaded a judge to throw out an investigative reporting organization's qualified privilege defense to his defamation claim, with the judge ruling Friday that an article about alleged corruption in the Iraqi oil business did not accurately reflect court proceedings.
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August 23, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Google sue several Russian media outlets in response to challenges to the tech giant's response to international sanctions, easyGroup bring an intellectual property claim against delivery company Easycargo, and e-money business Nyavo challenge action by the Financial Conduct Authority.
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August 23, 2024
Lynch's Death Puts UK-US Extradition Under The Microscope
The death of technology tycoon Mike Lynch has triggered calls by a lawmaker to scrap Britain's extradition agreement with the U.S. amid proposals that U.K. citizens should be prosecuted at home, although lawyers say the status quo is unlikely to change.
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August 23, 2024
Oligarch Denied Bid To ID Client Linked To $20M Transfer
A judge refused Friday to let an imprisoned Russian oligarch force a group of companies to disclose the identity of a client who requested a $20 million transfer, saying that revealing the person's identity runs the risk of violating criminal law in Liechtenstein.
Expert Analysis
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Int'l Treaties May Aid Investors Amid UK Rail Renationalization
The recently introduced Passenger Railway Services Bill seeks to return British railways to public ownership without compensating affected investors, a move that could trigger international investment treaty protections for obligation breaches, says Philipp Kurek at Signature Litigation.
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What EU Opinion May Mean For ESG Product Classification
The recently issued European Supervisory Authority opinion on the Sustainable Finance Disclosures Regulation offers key recommendations, including revising the definition of sustainable investments and making principal adverse impacts consideration mandatory, that could sway the European Commission’s final approach to product classification, say lawyers at Debevoise.
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EU Competition Report Spotlights Areas For Future Focus
The European Commission’s recent report on protecting competition highlights the importance of safeguarding innovation and preventing exploitative conduct by dominant firms, signaling that strong and focused law enforcement is to remain a priority with an even greater application of abuse-of-dominance rules, say Nicole Kar and Charlotte Mann at Paul Weiss.
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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.