Tag Archives: Investigations

#MAR_bitesize

New Market Abuse powers for the FCA (2) Powers to require information from issuers, PDMRs and persons closely associated to PDMRs The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (the "regulations") were passed to ensure that UK law … Continue reading

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Filed under Asset management, Banking, FCA, HM Treasury, Insurance, Investigations, Investment banking, Uncategorized

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

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

Herbert Smith Freehills Singapore hosts round table discussion on “preserving privilege: practical issues in the context of disputes and investigations”

On Wednesday 13 January 2016, a cross section of our clients based in Singapore joined our Disputes and Corporate Crime & Investigations teams and Bankim Thanki QC, a leading commercial advocate and litigator who has practised extensively in the region … Continue reading

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Filed under Asia, Corporate Crime, Investigations

Article published on maximising privilege protection for internal investigations under US and English law

When a company conducts an internal investigation in respect of a potential regulatory issue, it will wish to maximise the extent to which materials produced in connection with the investigation are protected by privilege. If privilege is protected from the outset, the company … Continue reading

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Filed under Americas, UK, US

Market Abuse update – August 2015

The second quarter of 2015 saw continued regulatory focus on market and benchmark misconduct: the FCA and the US regulators imposed a series of record-breaking fines.  The FCA’s latest Board minutes refer to a strong pipeline of expected cases, and … Continue reading

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Filed under Americas, Asia, France, Hong Kong, Italy, UK

SEC investigation into illegal use of swaps in trading of private technology shares

The SEC is understood to have subpoenaed a number of firms in connection with an investigation into the sale of private pre-IPO technology stocks, following an increase in the trading of these private shares. 

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Filed under Americas, US

Corporate Crime and Investigations second annual conference: Enforcement Perspectives

Following the success of last year’s inaugural event, Herbert Smith Freehills again hosted its flagship Corporate Crime and Investigations conference in London on 9 June 2015. Under the overall theme of “Enforcement Perspectives”, there were keynote speeches from major enforcement … Continue reading

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Filed under Corporate Crime, UK