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14 January 2014 / Daniel Kavan
Categories: Features , E-disclosure , Procedure & practice , Jackson
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E-disclosure: health check

Daniel Kavan advises how to keep ahead of the regulators where e-discovery is concerned

The risk of a European organisation receiving a hefty fine in relation to behaviour of its employees is significant. The European Commission’s cartel division imposed 1,882 million Euros in fines in 2013 (European Commission, Statistics on Cartels, updated 5 December 2013). In the UK, the Office of Fair Trading is currently looking into 14 different sectors and products, pursuant to its powers under the Competition Act 1998 (Office of Fair Trading, Competition Act Investigations—current), and the Financial Conduct Authority issued over £474 million in fines last year.

Even in industries which are not susceptible to breaches of competition law and are not regulated by the financial authorities, there are plenty of regulators ready to pounce on other behavioural issues such as money laundering, bribery and fraud. These issues also have a significant effect on the internal costs of running a business. On average, European companies lose 1.2% of revenue due to fraud (Kroll Global Fraud Report Annual Edition 2013-2014

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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