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Dentons | Canada | 9 Apr 2019

R v Barra: timely but qualified success for corruption of foreign public officials regime

In R v Barra the Ontario Superior Court of Justice convicted two businesspeople on charges of bribing foreign public officials in India. This judgment appears to have crept under the radar, but is notable in the context of the enforcement of the Corruption of Foreign Public Officials Act because of the court's views on who is a foreign public official and the requirement that the Crown prove......
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Mattos Filho Veiga Filho Marrey Jr e Quiroga Advogados | Brazil | 18 Mar 2019

New government measures to tackle corruption: does the buck stop here?

Despite the steps taken by Brazil to fight corruption in recent years, it remains one of the main challenges for the country. Mindful of this, the new government – which came into power in 2018 on the back of its vow to fight corruption – has promised a series of measures to tackle the issue. The measures include toughening prison sentences for corruption-related crimes, separating......
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Hogan Lovells | USA | 18 Mar 2019

Justice Manual and FCPA enforcement

Throughout 2018 the Department of Justice (DOJ) continued to ring the clarion call for cooperation and sought to provide some certainty, consistency and coordination regarding the incentives offered to companies that provide voluntary disclosures. In particular, the DOJ centralised its guidance memoranda into what is now known as the Justice Manual. The DOJ's goals were to identify......
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RPC | United Kingdom | 12 Mar 2019

Court of Appeal: agency is not always enough to engage law of bribery and secret commissions

The Court of Appeal recently held that a seller paying a fee to an acquisition agent without the buyer's knowledge does not render the contract for sale void or voidable. This judgment sets the bar high for parties to prove that a sufficient relationship of trust and confidence exists in order to engage the law on bribery and secret commissions. Notably, an agency relationship will not......
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AKD | Netherlands | 26 Feb 2019

Rotterdam court rules in favour of Petrobras investors by accepting jurisdiction

The Rotterdam District Court recently assumed jurisdiction over the international securities class action lawsuit against Petrobras Brasileiro SA and others in the Netherlands. The judgment offers valuable insight into how the Dutch courts assess jurisdiction in cross-border collective redress cases. It also illustrates that the Netherlands could act as a collective redress venue in matters......
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Wikborg Rein | Global | 20 Feb 2019

Ship and rig recycling: frequently asked questions

International conventions and local regulations combine to create a complex legal regime, which is often overlooked. The sale of a ship or rig to an intermediate buyer, which then sells the asset on to a shipbreaking facility, will not necessarily insulate the original owner from future liability or reputational damage. This article addresses a number of frequently asked questions which......
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Wanhuida Intellectual Property | China | 18 Feb 2019

China promulgates 2018 national IP action plan

The Office of the Inter-ministerial Joint Meeting for Implementation of the National IP Strategy recently promulgated the Action Plan for Furthering the National IP Strategy and IP Rights Powerhouse Initiative 2018. The action plan offers few new proposals and instead reiterates the major IP initiatives which the government has promoted over the past two years, including institutional and......
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Alem & Associates | Lebanon | 18 Feb 2019

New transparency law in oil and gas sector aims to fight corruption

Preventing corruption is a key challenge faced by the oil and gas sector worldwide. This is particularly true in developing countries, as the high level of financial resources generated by recent discoveries can create a breeding ground for corruption and abuse. Lebanon recently took a major step towards achieving transparency and accountability in this regard when it adopted Law 84 on......
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Fieldfisher | European Union, United Kingdom | 5 Feb 2019

Legalities of franchising in the United Kingdom

Franchisors expanding into the United Kingdom need a thorough knowledge of any UK rules and regulations which may affect them, particularly in a post-Brexit Britain. Understanding the risks and issues and managing those risks through effective structuring and enforceable legal contracts will enable international franchisors to reap the rewards of doing business in one of Europe's largest and......
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Mattos Filho Veiga Filho Marrey Jr e Quiroga Advogados | Brazil | 12 Nov 2018

Corporate liability for economic crimes

A recent review has detailed the limited application of corporate criminal liability and the indirect legal consequences that companies may face following criminal investigations targeting individuals. Corporations may face harsh administrative and civil penalties for business crimes which only individuals can be held liable for. This is especially true where cross-border investigations......
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