Dispute Resolution

Briefings in English - 2010

On July 1 President Obama signed into law new US economic sanctions against Iran. As we anticipated in our April 2010 briefing, these sanctions target non-US companies active in Iran’s upstream and downstream petroleum sectors. The legislation also mandates broad new compliance obligations for US banks and their non-US subsidiaries and for companies that contract with the US government. (August 2010)

On 26 July 2010, the Council of the EU issued a decision imposing further economic sanctions on Iran. For the first time, these sanctions include measures specifically targeted at restricting trade and investment in Iran’s natural energy resources industry. The sanctions will impose new burdens on European businesses in the sector, because their scope includes not only Iran-based energy companies, but also any that are owned by Iranian interests. This briefing summarises the measures and highlights areas of uncertainty. Affected companies should tread carefully but need to act now to ensure that they comply with the new rules. We explain how. (July 2010)

This briefing considers some recent trends regarding freedom of information and information privacy issues generally, and outlines some of the key commitments made by the new coalition government in the UK to promote transparency. Some of these commitments, which have yet to be fleshed out, may affect the operation of the freedom of information regime. In particular, the coalition looks set to extend the regime to cover new entities. (July 2010)

This briefing comments on the legal and regulatory developments regarding the enforceability of certain standard terms in contracts for retail financial services. (July 2010)

This briefing highlights the increased risk of investigations and enforcement under the US securities and commodities trading laws by the SEC and CFTC against financial institutions and other companies doing business in the United States. This results from the significant expansion of financial incentives for whistleblowers under the newly enacted US financial reform act. (July 2010)

The new Bribery Act in the UK introduces a corporate offence of failure to prevent bribery. If a company is convicted, mandatory exclusion from public sector and  utility procurement will follow under the Procurement Regulations as they currently stand. This is a material and critical risk for companies providing works, supplies and services throughout Europe and heightens the need to address compliance programmes to ensure adequate procedures are in place to prevent bribery and to ensure that appropriate remedial measures are taken if wrongdoing is discovered. (July 2010)

Multilateral development bank investigations now threaten harsher sanctions and higher costs. Debarments are on the rise and, under a new agreement, several banks have agreed to cross-debar firms debarred by another bank. This briefing outlines the issues and explains how contractors should plan ahead for investigations and protect themselves with up-to-date compliance programs. (July 2010)

The Spanish government’s proposed amendments to the Spanish Criminal Code have significant implications for companies doing business in Spain. The amendments impose criminal liability on companies in certain circumstances and, for the first time, classify bribery between individuals as a criminal offence. These amendments will directly affect governance issues within companies, as well as their day-to-day activities. (July 2010)

Anti-bribery and corruption procedures should now be a key area of focus for all financial institutions, given recent regulatory and legal developments. The Financial Services Authority (FSA) has recently published a report that considers the adequacy of commercial insurance brokers’ anti-bribery systems and controls, with particular emphasis on controls to address the risk of illicit payments to third parties. It has expressly stated that many of the issues covered in the report, as well as examples of good and poor practice, are relevant to firms in other sectors. (June 2010)

Nanotechnologies may involve the manipulation of materials on a tiny scale, but industry and governments agree that they have the potential to deliver massive economic and social benefits.The challenge now for businesses and regulators alike is to exploit the opportunities presented by these technologies in a way that is both safe and sustainable. This briefing looks at existing regulation and government strategies in the EU, which aim to shape a nano-enabled future. (June 2010)

We have commented in recent briefings on the new approach by the Serious Fraud Office (SFO) to incentivise companies to self-report cases of corruption, a potentially fundamental change in the environment. However, the recent decisions in Innospec and Dougall have posed serious problems for this strategy by raising doubts as to whether courts will approve agreements between the SFO and co-operating companies or individuals, or order significantly lighter penalties because of such co-operation. As it currently stands, this tilts significantly the decision against self-reporting corruption and co-operating with the SFO, damaging a key SFO enforcement policy. (May 2010)

This article first appeared in the seventh edition of The International Comparative Legal Guide to: Environment Law published by Global Legal Group. (May 2010)

This article first appeared in the seventh edition of The International Comparative Legal Guide to: Environment Law published by Global Legal Group. (May 2010)

This article first appeared in the seventh edition of The International Comparative Legal Guide to: Environment Law published by Global Legal Group. (May 2010)

This article first appeared in the seventh edition of The International Comparative Legal Guide to: Environment Law published by Global Legal Group Ltd. (May 2010)

This article first appeared in the seventh edition of The International Comparative Legal Guide to: Environment Law published by Global Legal Group. (May 2010)

This article first appeared in the seventh edition of The International Comparative Legal Guide to: Environment Law published by Global Legal Group. (May 2010)

This article first appeared in the seventh edition of The International Comparative Legal Guide to: Environment Law published by Global Legal Group. (May 2010)

Bribery and corruption have risen rapidly up the UK political agenda in recent years. The Bribery Act finally looks set to come into force later this year. It repeals existing bribery offences and introduces new ones – including, for the first time, a corporate offence of failing to prevent bribery. In this briefing we consider some of the key issues that arise from the Act as well as some practical steps that corporates may wish to consider taking now to prepare for when the Act becomes law. (May 2010)

A key topic at the summit of the automotive industry being held at the Federal Chancellery on 3 May 2010 will be the reduction of CO2 greenhouse gas emissions from cars. The questions uppermost in everyone’s mind are: which technologies can meet the EU regulations on CO2 reduction, and at what cost? However, the debate has lost sight of the possibility that the same level of climate protection provided by the current regulations may be achieved – at a much lower cost to the economy – by including the automotive industry in the EU’s Emissions Trading System. (April 2010)

Each house of US Congress has passed its own version of legislation that would tighten US economic sanctions against Iran, particularly its petroleum sector. The proposed new sanctions would primarily target non-US firms by broadening an existing statute known as the Iran Sanctions Act. The new legislation may also accelerate the wave of local US initiatives to divest from companies with business in Iran, increase compliance risks for US companies with non-US subsidiaries that do business with Iran and further tighten the US trade embargo against Iran. (April 2010)

An overview of regulation in 46 jurisdictions worldwide. Please visit the website www.GettingtheDealThrough.com for a review and order form.

The SEC has published guidance to public companies on its disclosure requirements regarding climate change matters. In this briefing we discuss the guidance and its possible implications for reporting companies and suggest a regime of best practice. The briefing also contains an appendix on recent developments in environmental regulation relating to climate change. (March 2010)

This briefing provides commentary on the Enforcement Financial Penalties Policy Statement (10/4), and outlines the key amendments to the Decision Procedure and Penalties Manual (DEPP) and the Enforcement Guide (EG) that were published by the Financial Services Authority (FSA) on 1 March 2010. Financial penalties will now be linked more closely to any income generated by breaches. The FSA has indicated that the effect of the regime is likely to be that its financial penalties will double or treble in size. (March 2010)

Companies based outside the US are well aware that US prosecutors and the Securities and Exchange Commission (SEC) are increasingly seeking to enforce the US Foreign Corrupt Practices Act (FCPA) against non-US entities and individuals. The prosecutors and SEC have adopted very broad interpretations of the FCPA and their jurisdiction over persons and business activities outside the US. At the same time, many other countries have adopted or increased their enforcement of similarly broad laws prohibiting foreign bribery. This briefing outlines the key facts and recent developments of which non-US entities need to be aware in relation to US antibribery law and its enforcement. (March 2010)

Our response to the Department of Business, Innovation and Skills consultation on the role and powers of the consumer advocate, which closed on 5 March 2010. (March 2010)

In this briefing we consider, in light of the Financial Services Authority’s enforcement activity in 2009, what the main themes are likely to be for regulatory enforcement in the coming year. (February 2010)

This is an update to our briefing of December 2009, which considered the provisions in the Financial Services Bill relating to collective redress and regulator-led redress. These provisions have now been debated in parliament by the House of Commons Financial Services Bill Committee. This update sets out the key issues raised before the Committee and the government’s response. (February 2010)

A recent European Commission Decision sets out new guidelines on how to assess the risks associated with non-food consumer products under the General Product Safety (GPS) regime. Companies deciding whether to take corrective action (including whether to recall products) and whether to notify regulators about a safety issue need to know what the guidelines say. We have talked to the European Commission and have obtained further guidance on the new rules, which is outlined in this briefing. (February 2010)

Recent investigations into regulated entities and financial institutions, and subsequent disciplinary sanctions, suggest that regulators will continue to take an active approach in Hong Kong. One can also expect an increase in regular on-site inspections of firms by regulators, as part of their supervisory role to ensure compliance with codes and regulations. This note sets out some practical guidelines on how to deal with supervisory inspections. (February 2010)

The outcome of the recent United Nations Climate Change Conference in Copenhagen has been regarded by many as a huge disappointment. In terms of achieving a binding and unambiguous global solution, Copenhagen seems to have been something of a missed opportunity. However, this should not overshadow the fact that industry all over the world is going to have to brace itself against a storm of regional and sectoral regulatory activity directed at combating climate change. This review explores what precisely is looming on the horizon. (January 2010)

Briefings in Japanese - 2010

複数の国で当局（検察を含む）による調査を受けたとき、たは受 けそうなとき、企業は以下の点に注意する必要があります。

Briefings in Spanish - 2010

No cabe duda que la reforma del Código Penal propuesta por el Gobierno, que se encuentra en la última fase de su tramitación antes de ser aprobada, reviste especial importancia dentro del ámbito empresarial, pues la misma afecta a la responsabilidad criminal de las personas jurídicas y tipifica como delito el soborno entre particulares. Estas modificaciones afectarán de forma directa tanto al ámbito organizativo de las empresas como al desarrollo de sus actividades.

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