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29 March 2024
Issue: 8065 / Categories: Legal News , Commercial , Company , Fraud
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NLJ this week: Former DPP offers practical advice on corporate criminal liability

The expansion of the failure to prevent fraud offences means corporates will need to behave better

In this week’s NLJ, former Director of Public Prosecutions Sir Max Hill KC, now senior counsel and policy advisor at King & Spalding, along with the firm’s associates Hannah Thorpe and Alex Tivey discuss the implications.

The authors write: ‘Corporate criminal liability has expanded from niche origins in bribery, corruption and money laundering, to encompassing all economic crime… New legislation calls for better corporate behaviour, evidence-based as to compliance and practice.’

Hill, Thorpe and Tivey offer practical guidance on reasonable prevention measures.

They examine both the failure to prevent offence and the redefinition of the identification doctrine. What implications will these have for large organisations, and how should they ensure compliance with this toughened-up new law? They also look into the increasing use of civil enforcement methods to recover the proceeds of crime, as well as the greater use of deferred prosecution agreements.

MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
Careless client checks do not automatically make a solicitor dishonest, but deliberately avoiding confirmation of suspected wrongdoing can cross the line
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
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