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19 September 2013 / Eleanor Mumford-Smith , John Bramhall
Issue: 7576 / Categories: Features , Profession , Litigation trends
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Unfamiliar territory

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John Bramhall & Eleanor Mumford-Smith delve into regulatory investigations, whistleblowing & bribery

The trend for increased regulatory investigations and follow-on criminal proceedings in both the US and UK has shown no sign of abating. With it has also come an eye-watering level of punitive sanction, with fines imposed in the hundreds of millions of pounds or dollars. The threat of financial and criminal penalties is always a great driver in changing business practices, and they do help to focus the business community’s collective mind. In turn, legal advisers have identified this need, and there is a noticeable trend towards firms bulking up expertise, as they ready themselves to meet an increasing demand for regulatory advice to steer them and their employees through unfamiliar waters.

Hold the front page

Regulatory investigations and prosecutions now dominate the broadsheet business sections in a way previously unheard of—energy market rigging, manipulation of LIBOR, and maybe next, ISDA fixing. In June 2013, the criminal investigations arising out of the alleged manipulation of LIBOR led to

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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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