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12 May 2011 / Tracey Stretton
Issue: 7465 / Categories: Features , Bribery , Regulatory , Profession
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Managing global corruption

Tracey Stretton offers some strategies for avoiding & managing regulatory violations

Last year the US government levied hefty fines against businesses engaged in corrupt practices. Daimler AG agreed to pay $185m in fines and penalties and BAE Systems plc paid a $400m criminal fine to the US government and a €30m fine to UK regulators. The US is not alone in its quest to stamp out bribery and corruption—there has been a global increase in investigations, not only into bribery and corruption, but also into cartels and breaches of securities laws.

EU cartel settlements reached £3bn in 2010 with more potentially significant cases in the pipeline (“Rise in EU Anti-trust Settlements Anticipated”, 23 December 2010, FT.com). There has also been an expansion of the scope of the Foreign Corrupt Practices Act (FCPA) in the US.

Regulators are extending their territorial reach, co-operating across borders and talking about becoming more proactive in seeking out corrupt practices. Given the severe penalties and reputational damage associated with regulatory breaches companies need to adopt a proactive

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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