Comment & analysis
A view from the least corrupt country in the world: do we care too much about the perception of corruption?
March 30, 2020, GIR
Despite finishing top of Transparency International’s Corruption Perceptions Index, New Zealand’s anti-corruption laws are outdated, porous and rarely enforced, writes Meredith Connell’s William Fotherby and Stephen Rankin.
DPAs: worth the price of cooperation for companies fighting multiple fronts?
March 06, 2020, GIR
Alexandra Webster and Stephen Gentle at Simmons & Simmons in London examine the particular challenges that entering into a DPA with the SFO can create for companies defending related civil claims and regulatory investigations, and explore whether these agreements offer a route to reaching an overall outcome that is in the best interests of the company and its employees.
Navigating the pitfalls of trade secret protection under Swiss Law
February 14, 2020, GIR
Saverio Lembo and Joel Fischer from Bär & Karrer explore trade secret protection in civil, criminal and extrajudicial proceedings in Switzerland. They discuss the dilemma that a company wishing to go to court may face: suing its opponent with the highest chances of success or protecting its secrets at all costs.
Multinational companies overlook Canada’s foreign corruption law at their peril
January 21, 2020, GIR
Despite increased attention on the Corruption of Foreign Public Officials Act in Canada, multinational companies with a Canadian footprint still tend to focus almost exclusively on the FCPA when assessing their foreign corruption law risk. Partner Graeme Hamilton and senior associate Omar Madhany at Borden Ladner Gervais in Toronto explain the critical differences that these companies should take into account.
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.