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Legal entity: criminal liability

Clifford Chance LLP
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Spain
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March 11 2011

Organic Law 52010 of 22 June 2010, which amends Organic Law 101995 of 23 November 1995, on the Criminal Code (LO 52010 of 22 June, which modifies LO 101995 of 23 November of the Criminal Code) ("LO 52010") establishes for the first time in the Spanish Criminal Code (Código Penal) ("CP") an express provision on the criminal liability of legal entities for crimes committed on their behalf by their representatives, de facto and de jure administrators, employees andor workers

International regulatory update 19-23 September 2011

Clifford Chance LLP
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European Union, France, Germany, Japan, Libya, Netherlands, Poland, United Kingdom
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September 28 2011

The Comisión Nacional del Mercado de Valores (National Securities Market Commission) (CNMV) has published an updated set of FAQs in relation to its temporary measure on net short positions

Second corporate manslaughter prosecution gets underway

Clifford Chance LLP
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United Kingdom
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July 8 2011

On Friday 1 July the CPS announced that Lion Steel Ltd is to be charged with Corporate Manslaughter under the Corporate Manslaughter and Corporate Homicide Act 2007 ("the CMCHA"

EU political update 11 - 15 July 2011

Clifford Chance LLP
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European Union
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July 11 2011

On 6 July 2011, the Commission presented a proposal aiming to provide a longterm solution to the cost associated with using mobile devices while travelling throughout the EU

Contentious commentary - a review for litigators - December 2011

Clifford Chance LLP
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United Kingdom
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December 8 2011

The fact that a contract is void does not mean that its performance cannot provide consideration for restitutionary purposes

Draft bill proposes changes to enquiry proceedings

Clifford Chance LLP
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Netherlands
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December 13 2011

On September 8 2011 the minister of justice and security sent a draft bill on the amendment of enquiry proceedings to the lower house of Parliament

Contentious commentary - September 2011

Clifford Chance LLP
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United Kingdom
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September 2 2011

The Court of Appeal's decision in Jivraj v Hashwani caused profound concern

Delaware alternative entities: governing documents should address fiduciary duties carefully

Clifford Chance LLP
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USA
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November 19 2012

The fiduciary duties of directors and controlling persons of Delaware corporations are well understood and cannot be varied (although directors' personal liability for breaches of some fiduciary obligations may be eliminated by an appropriate charter provision

Australian High Court gives guidance on sovereign immunity for foreign State owned entities

Clifford Chance LLP
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Australia
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September 12 2012

Foreign States enjoy immunity in Australia from the civil jurisdiction of the Australian courts and from enforcement over their assets based in Australia