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Unfamiliar territory

19 September 2013 / Eleanor Mumford-Smith , John Bramhall
Issue: 7576 / Categories: Features , Profession , Litigation trends
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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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MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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