Tag Archives: Enforcement

Singapore: SGX reprimands oilfield services firm for failure to provide a balanced and fair announcement to the market

The Singapore Exchange (SGX) has issued a public reprimand to Swiber Holdings Limited (Swiber), an oilfield services firm, on 31 October 2016 (Regulatory Announcement) for failing to provide a balanced and fair project announcement to the market. SGX considered that … Continue reading

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Filed under Asia, Hong Kong

Collection of electronic data by Chinese criminal authorities set to increase

On 1 October, new binding provisions came into force in China governing the collection, extraction and review of electronic data in criminal investigations. The Provisions contain procedures for the retrieval of electronic data inside and outside China. Foreign companies operating … Continue reading

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Filed under Asia, China, Corporate Crime, Investigations, Non-UK regulation

#MAR_bitesize

New Market Abuse powers for the FCA   The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 On 29 June 2016, the Government adopted the Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (the "regulations").  This left … Continue reading

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Filed under Estonia, EU, Europe, European Regulation, FCA, France, Germany, Italy, Liechtenstein, UK Regulations, Uncategorized

Market abuse update – July 2016

The Market Abuse Regulation (MAR) and the Criminal Sanctions (Market Abuse) Directive came into application in Europe on 3 July 2016.  Various outstanding pieces of secondary legislation were published in the Official Journal shortly before then, and further material has … Continue reading

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Filed under Americas, Asia, Australia, Europe, European Regulation, France, Hong Kong, Uncategorized, US

Serious Fraud Office secures second Deferred Prosecution Agreement

London’s Southwark Crown Court recently approved only the second Deferred Prosecution Agreement (DPA) since the introduction of DPAs in 2014. Herbert Smith Freehills' London Corporate Crime and Investigations team negotiated the first DPA with the SFO, which was concluded in … Continue reading

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Filed under Bribery and Corruption, Corporate Crime, Investigations, UK

Singapore: MAS withdraws approval from Singapore branch of an international bank for serious AML and conduct breaches

The Monetary Authority of Singapore (MAS) announced this week that it has withdrawn approval from the Singapore branch of an international bank due to serious breaches of anti-money laundering (AML) requirements, poor management oversight, and gross misconduct by certain bank staff. … Continue reading

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Filed under Asia, Banking, Singapore

Financial firms: protecting customer personal data

A recent case provides a rare example of the criminal prosecution of an individual (in this case the former employee of an insurer) for breach of the Data Protection Act 1988 (DPA).  David Barlow Lewis was a former employee of … Continue reading

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Filed under Europe, European Regulation, FSA, FSA Rules, Insurance, Sector Updates by Herbert Smith Freehills, UK, UK Legislation, UK Regulations, Uncategorized

Recent developments in Scottish and English bribery enforcement

On 5 April 2016, The Scottish Crown Office and Procurator Fiscal Service ("COPFS") announced the latest resolution of a Bribery Act enforcement action against the Glasgow-based logistics company, Braid Logistics (UK) Limited. Braid agreed to pay £2.2 million pursuant to … Continue reading

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Filed under Bribery and Corruption, Corporate Crime, UK, Uncategorized

Use of predictive coding for e-disclosure endorsed by English High Court

A decision of the English High Court handed down earlier this week has expressly approved the use of predictive coding (also known as technology assisted review) for a large disclosure exercise: Pyrrho Investments Limited & Anr v MWB Property Limited … Continue reading

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Filed under FCA, PRA, UK

Divisional Court rules that SFO procedure for isolating privileged material is lawful

The handling of material which is potentially subject to legal professional privilege is an important and often contentious matter in the investigations context.  In a recent decision which addresses the practical aspects of evidence handling, the  Divisional Court dismissed a … Continue reading

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Filed under Bribery and Corruption, Corporate Crime, Investigations, UK