Of Counsel

Featured Of Counsel

Think local, act global? Designing multi-jurisdictional compliance programmes

Compliance professionals in many large organizations are faced with a dilemma: is it possible to maintain the clarity of a single global compliance policy while still complying with the increasingly divergent local laws?… Read More

Dramatic Kenyan bribery law underscores the new reality: Washington and London have no monopoly on talking tough

Kenya’s new Bribery Act, which pairs onerous obligations with severe penalties, may mark the start of a new era in which developing countries pass and enforce anti-bribery laws that are far more stringent than those in “traditional” compliance jurisdictions. Read More

Have Deferred Prosecution Agreements come of age?

On 17 January 2017, at Southwark Crown Court, Lord Justice Leveson approved a deferred prosecution agreement (“DPA”) between the Serious Fraud Office (“SFO”), and Rolls-Royce Plc and Rolls-Royce Energy System Inc (“Rolls-Royce”).[1] The third DPA agreed by the SFO has led some to wonder whether DPAs have finally come of… Read More
Recent anti-money laundering enforcement actions against major U.S. financial institutions have placed boards of directors front and center in the management and oversight of their institutions’ Bank Secrecy Act and other anti-money laundering (“BSA/AML”) programs. Read More
In this exclusive Of Counsel piece, Julie Copeland and Mirella A. de Rose of Lewis Baach pllc, consider two recent events which highlight the importance of real time monitoring of suspicious transactions. Read More
In this exclusive Of Counsel piece, Katherine Toomey, Partner at Lewis Baach PLLC outlines the recent OFAC actions against ordinary (non-bank) companies and discusses how companies should approach the development of a compliance culture. Read More
On 7 July the National Crime Agency published its “Cyber Crime Assessment 2016 – need for a stronger law enforcement and business partnership to fight cyber crime”. In this article, Neill Blundell, Head of the Fraud & Investigations Group at Eversheds and Jason Williamson, Eversheds Associate, consider (i) the growth in cyber crime, (ii) the challenges business face as a consequence and (iii) the practical steps businesses can take to enhance their defences against cyber-criminal activity. Read More
Human and economic development in Nigeria and Tanzania have each been constrained by systemic corruption. In 2015, each country elected a president who campaigned on an anti-corruption manifesto. How successful have they been in fighting corruption – and why should businesses care anyway? Vivian Jones, Senior Associate in the global Fraud & Investigations Group of Eversheds, examines the two presidents’ styles and achievements to date. Read More
In this exclusive Of Counsel piece, Julie Copeland and Mirella A. de Rose of Lewis Baach pllc, take a look at the "ABCs" of compliance. Read More
A new global standard is being developed by the International Organisation for Standardisation on anti-bribery management systems, which is intended to help organisations fight bribery and promote an ethical business culture. The new standard, IS0 37001, is likely to become a benchmark for anti-bribery systems and may influence how regulators evaluate corporate compliance programmes. In this article, Neill Blundell, Partner and Head of the Fraud & Investigations Group and Aisling O’Sullivan, Associate in the Fraud and Investigations Group, Eversheds, examine the draft ISO 37001 and its implications. Read More
Adam S. Kaufmann and A. Katherine Toomey of Lewis Baach pllc discuss the advantages of self-reporting for those U.S. businesses who may fear that an upcoming disclosure, whether as a result of the Panama Papers scandal or elsewhere, may lead to a criminal or serious regulatory investigation in the U.S. Read More
In this article, Greg Brandman, partner and Head of Contentious Regulatory work in Eversheds’ Financial Services, Investigations and Disputes team, and Sam Thampapillai, Eversheds associate, consider the key regulatory issues arising from the development of blockchain technology for market participants. Read More
Adam S. Kaufmann, A. Katherine Toomey , and Mirella A. deRose of Lewis Baach pllc, discuss the risk for U.S. businesses of inadvertently falling foul of U.S. sanctions legislation through not just what they do directly, but also through transactions that they participate in, assist or supervise. Read More