Comment & analysis
The judicial oversight of DPAs: a multi-jurisdictional perspective
November 29, 2019, GIR
Lawyers from Simmons & Simmons in Amsterdam, Soulez Larivière & Associés in Paris, Debevoise & Plimpton in London and Miller & Chevalier in Washington, DC consider the different degrees of judicial oversight in DPA models in their respective jurisdictions as well as some of the possible implications – both practical and legal – for multi-jurisdictional settlements.
What your investigations are missing
November 19, 2019, GIR
Rick Barker at Accuracy in Milan explains why everyone is doing corporate investigations wrong.
FCA Enforcement process – too protracted to bear?
November 04, 2019, GIR
The subject of a contested FCA civil enforcement action can expect it to take an average of over six years to reach a decision at the Upper Tribunal. The length of time it takes to reach a resolution potentially raises questions of fairness for the firm or individual concerned.
Gold trade compliance standards are weak, says Mark Pieth
October 07, 2019, GIR
Mark Pieth has called for greater regulation of the gold mining industry, which he argues is plagued by lax compliance and ethics standards.
US Justice Department acts to increasingly enforce FARA while practitioners call for clearer rules
August 13, 2019, GIR
Bruce Zagaris at Berliner Corcoran & Rowe in Washington, DC argues that the increased enforcement of the Foreign Agents Registration Act along with enhanced enforcement tools and no significant clarification of the ambiguous provisions of the law will produce more enforcement actions and yet not more compliance.
Bribery offences under the new criminal code in Greece
August 05, 2019, GIR
Ilias Anagnostopoulos at Anagnostopoulos in Greece argues that the new criminal code provides more rational and proportional punishments than the previous law, and that the OECD’s recent criticisms seem unjustified.
Double jeopardy ruling sends “alarming” message
July 19, 2019, Just Anti-Corruption
Kathleen Hamann at Pierce Atwood and Timothy Malley argue that a recent Supreme Court decision has shown a disquieting disregard for foreign jurisdictions, and could further provoke overseas enforcement agencies to compete against, rather than work with, US authorities.
What recent US and UK reforms to information sharing mean for cross-border investigations
July 18, 2019, GIR
Skadden partners Ryan Junck, Steve Kwok, William Ridgeway and Elizabeth Robertson argue that recent reforms in the US and UK make where companies store data increasingly important.
French DPA guidelines – still a work in progress
July 17, 2019, GIR
New guidelines issued by French authorities are a step forward in the right direction but remain quite high-level and are at times inconsistent with stances taken by other law enforcement authorities which may disrupt future cross-border resolutions, Nicolas Brooke at Signature Litigation in Paris argues.
Swiss blocking statute: “The perfect catch-22”
July 15, 2019, GIR
Companies based in Switzerland should take all the necessary steps to comply with Swiss law before they hand over information to foreign authorities during investigations or face the consequences, local lawyers say.