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|Overview of the United Kingdom Bribery Act|
Paul Pimentel; Blaney McMurtry LLP;
August 29, 2014, previously published on August 26, 2014Like the Corruption of Foreign Public Officials Act (“CFPOA”) and U.S. Foreign Corrupt Practices Act (“FCPA”), the UK’s Bribery Act 2010 (“UKBA”) has extra-territorial application. It also has unique offences and is considered more stringent than either the...
|Anti-Corruption Compliance Stalls, Despite Aggressive Enforcement|
Paul Pimentel; Blaney McMurtry LLP;
August 29, 2014, previously published on August 26, 2014Anti-corruption compliance efforts appear to be stalling, despite an increase in enforcement actions. According to a global fraud survey conducted by auditing firm Ernst & Young, the percentage of companies that have anti-bribery/anti-corruption policies has increased by only 1% over the past...
|A Costly Choice (of Law): Determining the Damages Available for an Extra-Territorial Tort|
Brooke MacKenzie; McCarthy Tétrault LLP;
August 25, 2014, previously published on August 13, 2014The recent UK Supreme Court decision in Cox v Ergo Versicherung AG,  UKSC 22, provides helpful commentary and a potentially persuasive precedent for Canadian courts on issues of choice of law, the distinction between substance and procedure in the conflict of laws, and legislative...
|International Inheritance Law: Particularities of Inheriting and Bequeathing In Cases Involving a Foreign Element|
Michael Rainer, Michael Rainer; GRP Rainer LLP;
August 25, 2014All states have their own inheritance laws. In succession cases involving a foreign element, the question arises as to which inheritance law is applicable. In many cases, this is a complex matter.
|SANCTIONS UPDATE - New Treasury Guidance on Aggregation of Ownership Interests|
Mark D. Herlach, Beverly J. Rudy; Sutherland Asbill & Brennan LLP;
August 18, 2014, previously published on August 14, 2014On August 13, the U.S. Department of the Treasury published revised guidance on the treatment of entities owned by persons whose property and interests in property are blocked under the Executive Orders and regulations administered by the Office of Foreign Assets Control (OFAC). Under its new...
|DOJ’s FCPA Enforcement Power Gets A Big Boost|
Bethany Hengsbach; Sheppard, Mullin, Richter & Hampton LLP;
August 6, 2014, previously published on July 29, 2014In 2011, the Department of Justice (“DOJ”) stated that “[i]t’s not necessarily the wisest move for a company” to challenge the definition of “foreign official” under the Foreign Corrupt Practices Act (“FCPA”), and that “[q]uibbling over...
|Encryption - Don’t Leave Home (or Work) Without It|
Robert G. Marasco; Procopio, Cory, Hargreaves & Savitch LLP;
August 4, 2014, previously published on July 29, 2014Encryption is more commonly becoming the recipe to avoiding the harsh consequences of a data breach. Some of those consequences include penalties for violations of the Health Insurance Portability and Accountability Act (“HIPAA”) and similar state laws, governmental enforcement actions...
|SEC Pulls the Trigger on Smith & Wesson: Anti-Bribery Lessons for Canadian Companies|
Graham Erion; Davis LLP;
August 1, 2014, previously published on July 31, 2014Well-known American gun manufacturer, Smith & Wesson Holding Corporation (“Smith & Wesson”), became the latest high-profile target of the Securities & Exchange Commission’s enforcement of the Foreign Corrupt Practices Act (“FCPA”) on July 28, 2014 when the...
|The Case for an International Anti-Corruption Court|
James Maton; Edwards Wildman Palmer LLP;
July 29, 2014, previously published on July 21, 2014The lack of political will is undoubtedly the biggest obstacle to investigating and prosecuting corruption and to bringing proceedings to recover the proceeds of corruption. All other obstacles are secondary.
|Good News for Hong Kong Companies with Bilingual Names|
Loretta W.M. Chan, Patrick C. K. Wong; Mayer Brown JSM;
July 26, 2014, previously published on July 25, 2014Since the commencement of the Companies (Disclosure of Company Name and Liability Status) Regulation (Cap.622B) ("Regulation"), a subsidiary legislation of the Companies Ordinance (Cap.622) in March this year, practitioners and compliance professionals have been concerned about its impact...