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Corporate Crime & Compliance UK
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October 31, 2024
EU Expected To Close Final Digital VAT Deal Next Week
The European Union is close to a final deal on its plan to bring the bloc's value-added tax rules more in line with the digital economy after representatives reached an agreement in principle, the Hungarian presidency of the Council of the EU confirmed Thursday.
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October 31, 2024
Gov't Urged To Reform Tax Charges On Pension Scam Victims
The government should prioritize reform to ensure that victims of pension scams are no longer hit with massive tax bills, an industry body said Thursday.
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October 31, 2024
FCA Fine Puts Execs' Personal Conduct Under The Spotlight
The £350,000 ($455,000) fine handed by the Financial Conduct Authority to the boss of a leading financial technology company is a reminder that executives risk the watchdog's wrath if they're not transparent about reporting potential misconduct, white-collar lawyers say.
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November 07, 2024
HSF Hires Competition Litigator From Freshfields In Germany
Herbert Smith Freehills LLP has recruited a specialist in competition litigation from Freshfields in Germany as the firm expands its disputes offering in Europe amid a continuing rise in private damages actions.
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October 31, 2024
Fugitive Fund, Bank Managers Appeal Fraud Conviction
Two fugitive financiers sentenced to a combined 11 years in prison for defrauding a Libyan fund out of $8.45 million appealed against their convictions at a London court on Thursday, arguing that a judge's "devastating" missteps torpedoed their chances at trial.
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October 31, 2024
FCA Bans 2 Financial Advisers For Pension Transfer Failings
Two financial advisers connected to the British Steel retirement savings plan scandal have been hit with a lifetime ban from offering pension transfer advice in the future, the City watchdog said Thursday.
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October 31, 2024
Reeves To Face MPs As Budget Enters Approval Process
Chancellor Rachel Reeves is due to be grilled by senior MPs on Nov. 6 after she presented the Labour government's first Budget for 14 years, which features a £40 billion ($52 billion) tax package that has raised concerns of new pressure on businesses and retirement savers.
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October 31, 2024
Teva Fined €463M For Blocking Rival MS Drug Launch
The European Union antitrust enforcer hit pharmaceutical giant Teva with a €463 million ($502 million) fine Thursday for launching a smear campaign against a rival multiple sclerosis drug and misusing the patent system to thwart the competitor's attempt to enter the market.
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October 31, 2024
Car Finance Lenders Brace For Wave Of Redress Payments
The Court of Appeal has set car finance lenders up for a costly compensation bill by imposing a higher duty on brokers to explicitly tell customers about their commissions.
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October 30, 2024
Leigh Day Escapes Negligence Claim Over Oil Spill Settlement
A group of Nigerian villagers can't sue Leigh Day over alleged negligence in a £55 million ($72 million) oil spill settlement with Shell because their local leaders never granted them authority to pursue the claims, a London court ruled Wednesday.
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October 30, 2024
Lloyds Says Broadcaster Liable In £287M Fraud Claim
Lloyds Bank and a subsidiary have hit back against a £287 million ($373 million) claim brought by the liquidators of Arena Television, arguing they should not be liable for payments they processed for the broadcaster that were linked to an alleged £1.2 billion fraud.
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October 30, 2024
MoJ Gets £1.9B Funding Boost In First Labour Budget
The Labour government announced an additional £1.9 billion ($2.47 billion) funding for the Ministry of Justice in its first Budget statement on Wednesday, coupled with millions of pounds more for criminal prosecutors and fraud investigators.
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October 30, 2024
Quinn Emanuel To Pay Some Costs Over Report Source ID
Quinn Emanuel must pay some of its costs for not revealing to Oleg Deripaska the source of a report that was used in proceedings between the industrialist and a former business partner, as a judge said Wednesday that the firm had failed to ensure the document was not a forgery.
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October 30, 2024
Mortgage Adviser Not Unfairly Sacked Over Fraud Fears
A mortgage adviser who was sacked over concerns that he might have committed fraud by providing false information to lenders and insurers has lost his claim of unfair dismissal, as a tribunal ruled that his employer's decision to fire him was reasonable.
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October 30, 2024
Labour Gov't Unveils £40B Tax Boost In First Budget
A £40 billion ($52 billion) tax package unveiled on Wednesday by Britain's new Labour government targets business and investors and aims to plug fiscal gaps with plans including higher levies on payrolls and capital gains.
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October 30, 2024
Top Court Finds Gov't Did Not Have To Halt Hospital Probe
Britain's highest court held on Wednesday that a government minister correctly decided it was not necessary to suspend an inquiry into alleged abuses of patients at a Northern Irish hospital to await the outcome of criminal proceedings against a former nurse.
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October 29, 2024
Ex-Oil Biz Exec Denies Embezzling €144M, Points To Owner
The alleged former chief executive of a Singapore-based petroleum company has denied embezzling €143.8 million ($155 million) for his own benefit and branded the allegations as part of a "vexatious campaign" pursued by another company executive.
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October 29, 2024
UK, EU Finish Negotiations Over Antitrust Cooperation Pact
The U.K. government announced Tuesday that it had concluded negotiations with the European Union on a deal to boost cooperation between British and European competition enforcement authorities.
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October 29, 2024
WSJ Articles On $1B Fraud Did Not Contain Criminal Data
Two articles in the Wall Street Journal about court proceedings in the Cayman Islands did not contain criminal offense data, a judge ruled Tuesday, in a preliminary stage of a data protection claim against its publisher over reports on allegations of a $1 billion fraud.
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October 29, 2024
Marine Charity Sues IT Provider After 'Outlandish Allegations'
A maritime navigation charity has sued its former IT provider in a London court, accusing it of making "outlandish and unfounded allegations" to justify suspending access to its own app when the organization tried to switch providers.
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October 29, 2024
Santander Delays Results To Weigh Motor Finance Ruling
Santander said Tuesday that it will delay the publication of its third-quarter results as it seeks to review the implications of a landmark court ruling that lenders must fully disclose to customers the commission that is paid to car dealers.
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October 29, 2024
SFO Pursues Committal Of Ex-GP Over Luxury Meals, Drinks
A businessman in prison for fraud could face more time behind bars after the Serious Fraud Office accused him on Tuesday of continuing to enjoy a lavish lifestyle despite spending limits imposed after he stole £35 million ($45 million) from a software company.
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October 28, 2024
CPS Launches Training Program For New Barristers
The Crown Prosecution Service said Monday that it has launched a pilot training program for newly qualified barristers to tackle a shortage of prosecutors that is contributing to delays in cases being heard in criminal courts across England and Wales.
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October 28, 2024
BHP Exec Denies Company Operated Brazilian Mine Biz
A BHP executive said at a £36 billion ($46.6 billion) London trial Monday that the mining giant was not involved in the running of a mine that caused Brazil's worst environmental disaster, arguing it was a mere shareholder in the joint venture.
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October 28, 2024
CE Energy Seeks To Keep Asset Freeze On Oil Trader Owner
An oil trading company asked a London court on Monday to continue a freezing order against a Nigerian businessman as it fights to recover around £30 million ($39 million) that it says the founder of a rival oil trader has failed to pay.
Expert Analysis
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Tips For Implementing EU Sustainability Reporting Guidance
Lawyers at Sullivan & Cromwell discuss the European Financial Reporting Advisory Group’s recently published guidance on double materiality assessments and offer takeaways on achieving a sustainability directive-compliant process that could enhance clarity and consistency among multinational stakeholders.
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How CMA's AI Strategic Update Addresses Industry Risks
The Competition and Markets Authority’s recent artificial intelligence strategic update, setting out the regulator’s understanding of AI risks and how it intends to address them, is indicative of its focus on incumbent technology organizations, although future political developments in the U.K. may also shape the CMA's approach, say Christopher Foo and Carol Slattery at Ropes & Gray.
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Labour's 'Fresh Approach' To Tackling Financial Crime
Given newly elected Prime Minister Sir Keir Starmer’s background as a criminal defense lawyer and director of public prosecutions, an administration with strong views on financial crime can be expected, and revenue raising and proceeds of crime recovery are likely to be at the forefront, says Matthew Cowie at Rahman Ravelli.
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What UK Digital Markets Act Will Mean For Competition Law
The new Digital Markets Act’s reforms will strengthen the Competition and Markets Authority's investigatory and enforcement powers across its full remit of merger control and antitrust investigations, representing a seismic shift in the U.K. competition and consumer law landscape, say lawyers at Travers Smith.
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Examining The EU Sanctions Directive Approach To Breaches
In criminalizing sanctions violations and harmonizing the rules on breaches, a new European Union directive will bring significant change and likely increase enforcement risks across the EU, say lawyers at Hogan Lovells.
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What New UK Labour Gov't Is Planning For Financial Services
Following the Labour Party’s U.K. election win on July 4, the new government has already announced its key missions for economic growth, green investment and tax reform, so affected Financial Conduct Authority-regulated entities should be prepared for change and on the lookout for details, says Rachael Healey at RPC.
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Companies Trading In The EU Should Heed Mondelēz Ruling
The European Commission’s recent €337.5 million fine of Mondelēz is the latest decision targeting restrictions on EU cross-border trade, and serves as a warning to companies active in the region to check their contracts and practices for illegal restraints, and to perform audits to ensure compliance, says Matthew Hall at McGuireWoods.
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Why Reperforming Loan Securitization In UK And EU May Rise
The recently published new U.K. securitization rules will largely bring the U.K.’s nonperforming loan regime in line with the European Union, and together with the success of EU and U.K. banks in reducing loan ratios, reperforming securitizations may feature more prominently in relevant markets going forward, say lawyers at Morgan Lewis.
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How Extension Of EU License Exemption Affects Subsidiaries
Since many European Union entities with a presence in Russia will soon need to obtain a license to continue providing certain services and software to Russian subsidiaries, organizations and legal professionals should prepare in advance and assess their companies' supply chain compliance with EU sanctions, say lawyers at McDermott.
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What Legal Cannabis In Germany Means For Employers
Since April 1, the consumption and limited possession of cannabis has been permitted in Germany, so employers should take a few steps to maintain safe and productive workplaces while respecting the new legal landscape, says Sven Lombard at Simmons & Simmons.
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What French Watchdog Ruling Means For M&A Landscape
Although ultimately dismissed due to lack of evidence, the French competition authority’s recent post-closing review of several nonreportable mergers is a landmark case that highlights the increased complexity of such transactions, and is further testament to the European competition authorities’ willingness to expand their toolkit to address below-threshold M&As, say lawyers at Cleary.
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New Directors' Code Of Conduct May Serve As Useful Guide
Although the Institute of Directors’ current proposal for a voluntary code of conduct is strongly supported by its members, it must be balanced against the statutory requirement for directors to promote their company’s success, and the risk of claims by shareholders if their decisions are influenced by wider social considerations, says Matthew Watson at RPC.
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Comparing EU, Southeast Asia Approaches To AI Regulation
Although Southeast Asian countries often adopt statutory frameworks similar to those in the European Union, the region’s more business-friendly approach to artificial intelligence regulation may be a setback to the EU’s push for coordination with its AI Act and a barrier to establishing a global standard, say Anne-Gabrielle Haie at Steptoe and Nop Chitranukroh at Tilleke & Gibbins.
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Exploring The EU's Draft Standards On Crypto Authorization
The European Securities and Markets Authority’s recently published draft standards aim to promote fair competition and a safer environment for crypto providers and investors, detailing precisely the information to be provided to national authorities in charge of screening the acquisitions of a qualifying holding, says Mathieu de Korvin at Norton Rose.
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Assessing Exposure Under UK Foreign Influence Scheme
While the proposed Foreign Influence Registration Scheme, designed to ensure transparency around foreign state-directed activities, may be delayed by the snap general election, organizations should prepare for compliance, including addressing concerns about the extent of unintended consequences arising from the scheme's scope, say Gavin Costelloe and Gillian Sproul at Greenberg Traurig.