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Corporate Crime & Compliance UK
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October 17, 2024
MoJ Revives Plans To Double Magistrates' Sentencing Powers
The government reintroduced Thursday controversial proposals to double magistrates' sentencing powers as part of a bid to reduce the record backlog of criminal cases — though advocates have warned that the measures will do little to confront the delays.
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October 17, 2024
Barclays, NCA Lead Data Project To Target Sexual Exploitation
Barclays Bank and the National Crime Agency are leading a project to tackle sexual exploitation in the U.K. that involves organizations across both the public and private sectors sharing information with the agency to disrupt organized crime.
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October 16, 2024
Sudanese Men Charged With Hacking Cedars-Sinai, Microsoft
California federal prosecutors announced Wednesday that two Sudanese brothers have been charged with operating a prolific hacking group that orchestrated tens of thousands of politically motivated cyberattacks against worldwide government agencies, Los Angeles' Cedars-Sinai Medical Center and companies including Microsoft, PayPal, Google and Netflix.
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October 16, 2024
Companies House Outlines Phased Rollout Of New Powers
Companies House announced Wednesday a two-year timetable for rolling out heightened powers granted under new economic crime legislation that it said will bring the biggest change to its register in over 175 years.
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October 16, 2024
EU Watchdogs Warn Digital Act Changes Will Hinder Rollout
The European Union's financial market regulators have said amendments proposed by the bloc's executive arm under the Digital Operational Resilience Act around registering information will cause "unnecessary complexity" and hinder the rollout of the legislation.
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October 16, 2024
Ex-Private Investigator Loses Phone Hacking Appeal Bid
A former private eye who was imprisoned for illegally hacking voicemails for British newspapers has lost his chance to appeal against some of his convictions, after an appeals court ruled Wednesday that he had given "no good reason" to challenge them.
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October 16, 2024
Amazon Must Face Appeal In Whistleblower's Dismissal Case
A former Amazon worker won an opportunity on Wednesday to overturn the dismissal of his claim for whistleblowing and disability discrimination against the global technology company as a London appellate judge ruled that the lower tribunal might have made a legal error.
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October 16, 2024
Research Group Accuses Ex-Employee Of Copying Test Plan
A health research group has accused a former senior research scientist for the company of "slavishly" copying its plans for a psychometric test, alleging that she duplicated her former employer's research in work for her new employer.
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October 16, 2024
US Fails To Revoke Bail Of Crypto Chief Wanted In Fraud Case
The U.S. government failed on Wednesday to keep the former chief executive of a $7.5 billion crypto-asset business in custody while he fights extradition for allegedly manipulating the market for his company's virtual tokens, as a judge deemed him a low flight risk.
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October 15, 2024
AXA Argues For Group Extension In Foreign Unit Tax Fight
AXA told the Court of Appeal on Tuesday that a limitation ruling in a test case against HMRC over taxes collected under a violation of European Union law had a "binding effect" on follower claims in a group litigation order.
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October 15, 2024
Sustainability Assurance Market Lacks Choice, FRC Says
Market players are concerned that the U.K. sustainability assurance market could become dominated by the Big Four accounting giants, limiting choice and effective competition, the industry's regulator said Tuesday.
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October 15, 2024
Bankers Say WSJ Articles Used Criminal Data In GDPR Claim
Two investment bankers alleged Tuesday that Wall Street Journal articles on court proceedings in the Cayman Islands falsely suggested they defrauded nearly $1 billion from a Chinese entrepreneur, in an early stage of their London claim against the publisher.
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October 15, 2024
Starmer Hints At National Insurance Hike Over Capital Gains
British Prime Minister Keir Starmer on Tuesday again refused to rule out raising employers' National Insurance, a payroll levy used to fund social programs, after downplaying claims that his government is planning to raise the capital gains tax.
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October 22, 2024
Ex-A&O Lawyer Brings Int'l Expertise To Twenty Essex
A former solicitor at Allen & Overy LLP has joined Twenty Essex Ltd. alongside her existing position at an Australian barristers set to bolster the London chambers' team of experts in international disputes.
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October 15, 2024
ENRC Settlement Shows SFO Ready To Draw Line Under Past
The Serious Fraud Office's recent settlement ending litigation with Eurasian Natural Resources Corp. over alleged misconduct by its officials sidesteps weeks of awkward testimony to free the agency to pursue its growing caseload while drawing another line under its blighted investigation into the miner.
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October 15, 2024
Barclays Challenges UK Motor Finance Ruling In Test Case
Barclays launched a legal challenge Tuesday against a decision that found it had treated a consumer unfairly by paying a commission to a car finance broker, in a test case with potential implications for future complaints over motor financing arrangements.
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October 15, 2024
EU To Create Governance Structure For Faster Settlements
The financial watchdogs and executive arm of the European Union said Tuesday that they will establish a governance structure that will work with the sector to oversee a move toward faster one-day settlements of securities trades.
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October 14, 2024
Tycoon Sentenced To 8 More Years Over Real Estate Fraud
A businessman imprisoned for a £2.5 million ($3.3 million) property fraud has been sentenced to another eight years in prison for defaulting on a £4.5 million court order that was part of legal proceedings to recover money taken in a failed deal to develop a luxury apartment.
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October 14, 2024
Eye Doc Can't Claim Whistleblowing Led To Unfair Treatment
An employment tribunal has dismissed an orthoptist's claims that a hospital treated her unfairly after she raised concerns about poor care of patients, because the information she revealed did not amount to whistleblowing.
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October 21, 2024
Covington Hires ICO's General Counsel For London Office
Covington & Burling LLP has recruited the head of the legal service at the Information Commissioner's Office to join its competition team in London amid growing challenges for clients that operate in digital markets.
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October 14, 2024
Law Firm Hit With ICO Reprimand For Client Data Leak
An English law firm has been reprimanded for not implementing adequate cybersecurity measures after a hacker gained access to sensitive client information and released it on the dark web, the data regulator has said.
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October 14, 2024
New Sexual Harassment Law To Alter Work Safety For Good
Employers must assess the risk that staff will be sexually harassed and ensure they have preventative policies and procedures in place as they prepare for an incoming duty which, lawyers say, will be a watershed in workplace health and safety provision.
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October 14, 2024
Crypto-CEO Faces US Extradition In Market Manipulation Case
The former chief executive of a $7.5 billion crypto-asset company appeared at a London court Monday accused by the U.S. government of manipulating the market for the company's dog-themed "Saitama Inu" crypto-tokens before selling them for tens of millions in profit.
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October 14, 2024
Quinn Emanuel Must ID Source Of Forged Deripaska Report
Quinn Emanuel must reveal the source of the middleman that provided it with a forged report suggesting that Russian industrialist Oleg Deripaska misled arbitrators during a dispute with a former business partner, a judge ruled on Monday.
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October 14, 2024
FCA Applies Consumer Duty To Tackle Fraud Reimbursement
The Financial Conduct Authority has applied its consumer protection framework to banks to ensure that they tackle authorized push payment fraud and reimburse victims, beyond the rules set by the payments watchdog, according to lawyers.
Expert Analysis
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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.
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Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.
The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.
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Keeping Up With Carbon Capture Policy In The US And EU
Recent regulatory moves from the U.S. Environmental Protection Agency and the European Commission in the carbon capture, sequestration and storage space are likely to further encourage the owners and operators of fossil fuel-fired power plants to make decisions on shutdowns or reconfiguration to meet the expanding requirements, say Inosi Nyatta and Silvia Brünjes at Sullivan & Cromwell.
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How AI Treaty Will Further Global Governance Cooperation
The EU’s recently adopted treaty on artificial intelligence represents a significant step toward global cooperation in AI governance in emphasizing human rights obligations, although additional guidance and clarity would be beneficial to minimize varied interpretations at national level, say lawyers at Eversheds Sutherland.
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EU Investor-State Dispute Transparency Rules: Key Points
The European Union's recent vote to embrace greater transparency for investor-state arbitration will make managing newly public information more complex for all parties in a dispute — so it is important for stakeholders to understand the risks and opportunities involved, say Philip Hall, Tara Flores and Charles McKeon at Thorndon Partners.
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How Regulation Of Tech Providers Is Breaking New Ground
The forthcoming EU regulation on digital operational resilience and the U.K. critical third-party regime, by expanding the direct application of financial services regulation to designated technology providers, represent a significant development that is not to be underestimated, say David Berman and Emily Lemaire at Covington.