On July 31, 2018, in response to a review of the Bribery Act 2010 (the “Bribery Act”) conducted by the UK Government, the Law Society, the City of London Law Society and the Fraud Lawyers Association published a joint response (the “Joint Response”) to the UK Government’s call for evidence on the enforcement and effectiveness of the legislation.[1] Continue Reading Law Society, CLLS and Fraud Lawyers Association Respond to UK Government Review of the Bribery Act

On September 5, 2018, in a highly anticipated decision on the scope of legal privilege under English law, the English Court of Appeal handed down its decision in SFO v ENRC, rejecting the restrictive approach that had been taken by the High Court to litigation privilege.

The decision has important implications both as to when litigation may be said to be in reasonable contemplation and as to what documents can be said to be for the dominant purpose of litigation. Most significantly, the Court of Appeal confirmed that documents created for the purposes of avoiding contemplated litigation were covered by litigation privilege. In relation to legal advice privilege, the Court of Appeal saw “much force” in criticisms of the narrow approach that had been taken in the Three Rivers No 5 line of authorities, although ultimately held that it was an issue that could only be resolved by the U.K. Supreme Court.

Please click here to read the full alert memorandum.

On June 4, 2018, the U.S. Department of Justice announced that Société Générale S.A. (“Société Générale”) and its wholly-owned subsidiary, SGA Société Générale Acceptance, N.V. (“SGA”), have agreed to pay over $1 billion in total penalties to U.S. and French authorities in connection with bribe payments to Libyan officials and manipulation of the London Interbank Offered Rate (“LIBOR”). SGA pled guilty on June 5 to conspiracy to violate the U.S. Foreign Corrupt Practices Act’s (“FCPA”) anti-bribery provisions. Société Générale entered into a three-year deferred prosecution agreement relating to charges of conspiracy to violate the FCPA’s anti-bribery provisions and conspiracy to transmit false commodities reports. As the first coordinated resolution by U.S. and French authorities of a foreign bribery case, the case highlights the increasing potential legal exposure for multinationals based on violations of the FCPA and anticorruption laws in other jurisdictions. The resolution signals that French authorities will actively exercise the authority they derive from the “Sapin II” anticorruption law, as also demonstrated by the recent bribery charges in France against former Havas chairman Vincent Bolloré. The resolution also underscores the potential benefits of cooperation, remediation and joint resolutions with multiple authorities.

Please click here to read the full alert memorandum.

On April 23rd, the European Commission adopted a proposal for a directive on the protection of whistleblowers reporting breaches of Union Law.[1]

The proposal sets out minimum standards of protection for whistleblowers against retaliation when they report breaches in specific policy areas.  The proposal is premised on the view that the lack of a common, effective approach to whistleblower protection across Member States can impair the enforcement of European law.[2] Continue Reading The European Commission Proposes new Rules to Strengthen Whistleblower Protection