ANTI-BRIBERY AND CORRUPTION
Need for Speed: Identifying and Cleansing Compliance Risks in M&A
In this session, Tristan Grimmer (Partner), Jannan Crozier (Partner), Peter Tomzcak (Partner) and Julian Godfray (Associate) shared the anti-bribery and corruption challenges during the M&A process.
Key Risks and Emerging Enforcement Trends in Higher-Risk Markets
In this session, Sunny Mann (Partner), Borys Dackiw (Partner), Yindi Gesinde (Partner), Paul Melling (Partner) and Mini vandePol (Partner) provided practical tips on how to manage risks in markets in Africa, Asia, the CIS and the Middle East.
Latest Anti-Bribery and Corruption Developments in the UK and US
In this session, Tristan Grimmer (Partner), Tom Firestone (Partner), Aleesha Fowler (Associate) and Gavin Hayes (Associate) discussed major developments and trends in the UK and the US, including how the COVID pandemic has impacted on-going investigations and enforcement priorities.
European Anti-Bribery and Corruption (ABC) Enforcement Panel
As part of the Annual Corporate Compliance Conference's Bribery and Corruption week, this panel on European anti-bribery and corruption enforcement explores recent key enforcement and legislative developments across the EU – with a particular focus on France, the Netherlands, Switzerland, Sweden, and Germany. Our speakers also look ahead at what enforcement priorities and issues to expect moving into 2021. The panel is chaired by Cecilia Pastor (Partner) with insights from Eric Lasry (Partner), Nicolai Behr (Partner), Paul Amberg (Partner), Mattias Hedwall (Partner) and Christoph Kurth (Partner).
Exploring the Use of Technology in Investigations
Bryant Isbell (Managing Director, Global eDiscovery & Data Advisory), Javier Nolasco (Associate Director, Global eDiscovery & Data Advisory) and Ashley Smith (Managing Director, Deloitte Transaction and Business Analytics) discuss the use of technology in investigations and how COVID-19 has changed the way that this technology is being leveraged.
Key learnings from the four most recent Deferred Prosecution Agreements entered into by the Serious Fraud Office
This briefing assesses the four Deferred Prosecution Agreements (DPAs) entered into by the UK Serious Fraud Office (SFO), since the appointment of Lisa Osofsky as Director in 2018. The briefing provides an overview of the legislative framework for DPAs in the UK, summarises key points from the four DPAs since Osofsky's appointment, and then considers the key themes and learnings that can be drawn out regarding the SFO's approach to the use of DPAs under Osofsky. With DPAs now available in respect of a wide range of economic crime offences, companies need to be aware of the trends and the risks, particularly when assessing the merits of self-reporting to the SFO and the expectations they will be subject to where resolution is achieved by way of a DPA.
Conduct, Culture & COVID Webinar
During this session we were joined by Ted MacDonald and Olivia Fahy from the FCA where we discussed the potential conduct and culture challenges of working in the current and post COVID-19 environments including:
Latest industry feedback on the 5 Conduct Questions Programme;
Challenges of maintaining a strong culture; and
The increased risk of misconduct.
Dealing with the UK CMA in a post Brexit World
In this session, Samantha Mobley (Partner), Mara Ghiorghies (Senior Associate) and Miriam Fine (Associate) explored the CMA's competition law and consumer enforcement powers post Brexit, highlighting recent enforcement practice and increasing use of director disqualification orders.
Competitor Collaborations: Keeping the Right Side of the Line
In this session, James Robinson (Partner), Irena Apostopoulos (Senior Associate) and Grant Murray (Lead Knowledge Lawyer, Global Antitrust & Competition Group) discussed recent competition law enforcement and the risks that can arise in responding to a crisis, as well as considering what your business needs to keep in mind when exploring competitor collaborations.
Distribution Agreements: Key Compliance Learnings from Recent Cases
In this session, Sarwenaz Kiani (Senior Associate) and Karoline Phillips (Senior Associate) discussed the implications of recent UK and EU enforcement action in relation to distribution agreements.
The Future of Global Antitrust Compliance
In this session, Luis Gomez (Partner), Teisha Johnson (Partner), Lerisha Naidu (Partner), Carolina Pardo (Partner), Lena Sersiron (Partner) and Laura Liu (Special Counsel) explored the key global antitrust compliance themes.
Antitrust Compliance in the Industrials, Manufacturing & Transportation (IMT) Sector
In this video, Eva Crook Santner (Senior Associate) and Julian Godfray (Associate) explore the current IMT landscape, share emerging trends, challenges and opportunities in the sector and what to expect moving into 2021 and beyond.
EU & UK: Competition Law - Essential Knowledge for In-House Lawyers Mastering the Basics for Your Business
This webinar series covered the key areas of competition law in the UK and in the EU and the important issues you need to be aware of. These webinars are primarily aimed at participants who are new to competition law and/or who have not had specialist competition law training or extensive experience applying EU/UK competition law.
EXPORT CONTROLS AND TRADE SANCTIONS
Increased Focus on Foreign Investment Review
In this session, Sunny Mann (Partner), Rod Hunter (Partner), Sylwia Lis (Partner), Anahita Thoms (Partner), Karoline Philips (Senior Associate) and Alexander Rickets (Associate) explored foreign investment reviews by the UK, EU, and US and provide practical considerations for businesses moving forward.
Trends in Trade Investigations
In this session, Tristan Grimmer (Partner), Terry Gilroy (Partner), Alison Stafford Powell (Partner) and Julian Godfray (Associate) discussed the trends in trade investigations and the rise of enforcement across various jurisdictions.
Key EU, UK and US Exports Controls Update
In this session, Ben Smith (Partner), Kerry Contini (Partner), Mini vandePol (Partner), Lise Test (Of Counsel) and Ross Evans (Associate) highlighted the important changes in the legal framework in the UK, EU, and US with respect to export controls.
Key EU, UK and US Sanctions Update
In this session, Sunny Mann (Partner), Paul Amberg (Partner), Ben Smith (Partner), Meghan Hamilton (Associate) and Akash Sikka (Associate) highlighted the important changes in the legal framework in the UK, EU, and US with respect to sanctions.
Export Controls and Trade Sanctions Panel
In this panel, Baker McKenzie associates Meghan Hamilton, William Jinks, Andrew Rose, and Akash Sikka explore key concepts in UK and US sanctions and export controls, including jurisdiction compliance, sanction screening and export control classification. Additionally, they look beyond 2020 and discuss what those in the UK should expect in a post-Brexit landscape.
SUPPLY CHAIN, PRODUCT AND ESG COMPLIANCE AND LIABILITY
New Frontiers in Product Liability & Regulation - AI, IoT and other emerging technologies
In this session, Kate Corby (Partner), Ben Allgrove (Partner), Erin Maus (Partner) and Joanne Redmond (Senor Associate) along with Trevor Callaghan, Director of Milltown Partners and Raj Choudhary, Independent Legal Consultant seconded in-house with a Fortune 500 technology & product development company discussed key legal issues and anticipated future legislative developments for product regulation and liability specifically as well as AI more broadly.
Trends in Environmental, Human Rights and Sustainability Claims and Supply Chain Due Diligence:
In this session, Graham Stuart (Partner), Jessica Mutton (Senior Associate) and Aurella Smith-Anthony (Senior Associate) along with Professor Robert McCorquodale of Brick Court Chambers, expert in business and human rights law and Susanne Stormer, Chief Sustainability Advisor, Vice President at Novo Nordisk discussed trends in environmental, human rights and sustainability claims and what they mean for supply chain governance and due diligence
The Claims You Make: Case Studies
In this session, Graham Stuart (Partner), Francesca Richmond (Partner), Aurella Smith-Anthony (Senior Associate) and Adeel Haque (Associate) explored the issues these claims create for in-house legal teams and the impacts for businesses when claims become disconnected from the reality.
Product and Supply Chain Compliance: The Claims you Make
In this session, Graham Stuart (Partner), Jessica Mutton (Senior Associate), Aurella Smith-Anthony (Senior Associate) and Adeel Haque (Associate) discussed the key regulatory and other drivers behind the increasingly numerous and diverse range of claims that businesses make about their products and supply chains, from product performance and compliance to all manner of claims about environmental, climate, sustainability and human rights performance.
Exploring ESG and Sustainability Compliance Issues
In this video, Aurella Smith-Anthony (Senior Associate) and Daniel Chappell (Compliance, Sustainability and Privacy Counsel at HP) discuss supply chain, product and ESG compliance, specifically in the tech sector and from an in-house legal perspective.
Extended Producer Responsibility Schemes and Other Measures Related to Textiles Sustainability
This alert provides an overview of some of the key measures and consequences for those in the textiles industry to have on their radar and track as they evolve.
ESG: Rise of the New Corporate Compliance
In this article, we explore some of the key ESG challenges and opportunities.
Mitigating ESG risks in M&A transactions
ESG considerations have become part of the new normal in corporate strategies, business models and culture and their importance is expected to continue rising for the foreseeable future. Solid ESG practices are seen as creating long-term value as well as helping in risk mitigation strategies. Even though the rise of ESG brings along new business opportunities it also introduces a new spectrum of risks. Our publication considers:
Key considerations for buyers as part of an ESG due diligence exercise.
The various insurance solutions available to mitigate ESG risks.
Demystifying ESG Webinar Series
In this series of ESG-focused thought leadership webinars, our experts share insights and practical guidance for businesses considering what ESG means for them in the context of the current crisis and beyond. On 26 August, we discussed ESG and the supply chain.
Environmental Social and Governance (ESG) Strategy as a Driver of Growth and Value podcast
As companies look to build resilience and seek recovery in the aftermath of the COVID-19 pandemic, the focus on Environmental Social and Governance (ESG) has accelerated on a global scale. In this episode, our experts discuss what companies are doing to drive growth through ESG and sustainable investments and how it is creating long-term value for companies.
Product and Supply Chain Compliance: The Claims You Make
You make claims about your products and supply chains in many different ways. Getting these claims right has great benefits for your business and reputation. Equally, every claim faces increased scrutiny from regulators, competitors and stakeholders. In-house legal and compliance teams have a critical role in ensuring that claims are accurate, made in the right way and stay true. You also need an effective response strategy should a claim go wrong.
Upcoming Mandatory Human Rights andEnvironmental Supply Chain Due DiligenceRequirements Announced
On Wednesday 29 April 2020, European Commissioner for Justice, Didier Reynders, announced that next year the European Commission ("EC") will introduce ground-breaking new EU legislation on mandatory human rights and environmental due diligence for companies. The proposed new legislation will form part of the EC's 2021 Work Plan and its strategy to achieve carbon neutrality under the European Green Deal. The EC is expected tolaunch a public consultation on the initiative this Autumn, with legislation planned for the first quarter of 2021.
CUSTOMS AND BREXIT
Global Hot Topics
In this session, Jon Cowley (Partner), Adriana Ibarra-Fernandez (Partner), John McKenzie (Partner), Jessica Mutton (Senior Associate), Eunkyung Kim Shin (Senior Associate) and Francisco Allegue (Associate) explored global Customs hot topics that you need to be aware of, such as global trade wars, the new US-Mexico-Canada trade agreement, and current EU customs valuation challenges.
In this session, Jenny Revis (Partner), Nicole Looks (Partner) and Andrew Rose (Associate) were joined by Sally Beggs, EU Exit Guidance, Legislation and Stakeholder, Customs and Borders Design at HMRC and Josh Cameron, Senior Director at FTI Consulting. They discussed the impact of the end of the Brexit transition period and the UK's new relationship with the EU and international trading partners.
Diversifying Supply Chains
In this session, Fred Burke (Partner), Matthias Hedwall (Partner), Adriana Ibarra-Fernandez (Partner), Virusha Subban (Partner) and Kevin Nordin (Senior Associate) discussed how the structure of supply chains may change as a result of the crisis caused by COVID-19 and some of the key customs considerations and practical steps that businesses should consider when trying to spread their supply chain risk.
Insights from Oxford Economics: "The Future of UK Trade: Merged Realities of Brexit and COVID-19.”
Developed in conjunction with Oxford Economics, the report measures the combined economic costs of Brexit and the COVID-19 crisis on the UK economy over the next decade as well as the UK exports of four manufacturing sectors: automotive, technology, healthcare and consumer goods. It also identifies the third country trade deals required to provide offsetting relief for UK exporters, and the extent to which the UK government may use its new-found policy freedoms to boost growth and competitiveness.
Brexit ‘must do actions’ Checklist
To help breakdown the legal and administrative deadlines ahead of the end of the transition period, our cross-PG Brexit team have compiled a brief timeline of the actions you need to take and when to take them.
Brexit Industry Group Crib-sheets
We know that your industry has certain nuanced issues to consider when it comes to Brexit. Our Brexit team have joined forces with our sector specialists to produce a dedicated industry crib-sheets to consider the impact of Brexit in the context of your specific business environment.
Diversifying Supply Chains in Asia Pacific and Beyond Podcast
We examine how companies are seeking to strengthen and transform their supply chains through diversifying their operations across Asia Pacific and beyond. Find out how businesses are navigating the shifting landscape of global trade wars and government interventions as well as investment and financing trends.
Global Trade and Supply Chain Webinar Series
In this webinar series, our experts discuss the latest international trade developments and updates on Trade Wars, Brexit, Trade Agreement negotiations and key Customs, Export Controls and Sanctions developments.
The US-EU Trade War
We set out the Tariff Mitigation Strategies for Consumer Goods and Retail Companies.
BREXIT WEBINAR SERIES: INTERNATIONAL TRADE AND COMPETITION
UK/EU Competition and Consumer Protection Enforcement
During this webinar, we dealt with the impact of Brexit on UK and EU competition law and consumer protection. In this session we discussed what businesses need to know as they navigate the increasingly complexcompliance landscape due to the emergence of parallel UK and EU competition and consumer protection legal frameworks. We also focused on the CMA’s enforcement powers and priorities in respect of UK competition and consumer protection matters, and how they might differ from those of the European Commission.
Post Brexit, and for the first time since the 1980s, the CMA will have jurisdiction over all mergers impacting the UK. It will be a standalone authority within Europe, sitting alongside the European Commission (and others) rather than the Commission having exclusive jurisdiction over the UK effects of more sizeable deals. Further, the CMA’s jurisdictional test is expansive allowing it to review a wide range of transactions. Global transactions will therefore increasingly have to proactively consider a UK filing strategy to get deals done. Such strategies are even more important given the ambitious nature of the CMA to establish itself as a “cutting edge” regulator; the novel and arduous IEO regime in the UK; the low Phase 1 substantive threshold; and the increasing number of transactions which are referred to Phase II, subject to remedies blocked or withdrawn in the UK. During this webinar, we discussed the practical implications of UK merger filings post Brexit on global transactions and what businesses really need to know to navigate this new world.
Trade Sanctions and Export Controls
During this webinar, we reviewed the impact of the UK becoming a third country from the EU from a trade sanctions and export controls perspective. We reviewed the impact and use of the UK Sanctions & Anti-Money Laundering Act 2018 and secondary legislation which allows for the UK to impose unilateral sanctions post-Brexit, as well as addressing the need to manage risks arising from a diverging UK-EU sanctions regime, and an uptick in enforcement by OFSI. On Export Controls, we assessed the changes to the dual-use regulation in the UK post-Brexit, licensing and what divergence might look like longer-term.
WTO and Trade Remedies
In this webinar, we explored the new UK trade remedies regime post-Brexit and the practicalities of dealing with the newly established Trade Remedies Authority in the UK. With the UK becoming an independent WTO member, businesses need to be attuned to what risks and opportunities this raises. We introduced key remedies (and threats) that many UK businesses will be assessing more directly for the first time, uncovered what it means to trade on WTO or most favoured nation (MFN) terms and addressed what businesses need to know about the post-Brexit trade remedies policy and the mechanisms for initiating a dumping, subsidy and safeguarding investigation in the UK.
Customs and Product Regulation
In this webinar, we discussed what the new arrangements mean for businesses trading goods between the UK and EU from January 2021. We looked at the new customs procedures on both sides of the channel and the actions that business should be taking to adapt their supply chains for the post-Brexit world and new FTA arrangements with countries across the globe. Concurrently, we also addressed the product regulatory
impacts for manufactured goods, economic operators and supply chain compliance, including the practical implications of the new UKCA (UK Conformity Assessed) marking and what businesses need to know as they manage this new system alongside the EU ‘CE’ conformity assessment regime.
The Brexit Endgame: Preparing your business for post 1 January 2021
In this webinar, our Brexit experts discussed the key takeaways from the Brexit deal. They identified the key areas that will be impacted and provided recommendations for businesses across each area, including:
Trade and Customs
IP and Data Protection
Employment and Immigration