Michael O'Kane

Webinar: Sanctions on China: where are we heading?

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Senior Partner Michael O’Kane and Maya Lester KC, of Brick Court Chambers, hosted a discussion on present and potential future sanctions on China on 2 May 2023. They examined the political context in which sanctions have been imposed on China, and in what context additional restrictions may be imposed in the future. The discussion covered what […]

Ongoing rise in cryptocurrency scams increases calls for regulation

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According to recent research by financial claims management company Refundee, scams involving cryptocurrency are on the rise. Charlotte Tregunna spoke to City A.M. about the rise in crypto fraud, commenting that this was “inevitable”, since scams are prevalent in traditional finance. The types of scams invented by scammers are also increasingly imaginative, with new and […]

Peters & Peters

Premier League v Manchester City case – what do ‘good faith’ obligations really mean?

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The alleged breaches by Manchester City FC of many Premier League Rules have attracted a lot of commentary in recent months and resulted in calls for a new examination of what the principle of ‘good faith’ engagement with the Premier League really means for football clubs, as well as the obligation to co-operate with, and […]

Neil Swift Thinking

Government tables failure to prevent fraud offence amendment to ECCT Bill

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Last week, the Home Office tabled an amendment to the Economic Crime and Corporate Transparency Bill, setting out a failure to prevent fraud offence. According to the Home Office, this new offence is meant to “make it easier to prosecute a large organisation if an employee commits fraud for the organisation’s benefit” and “allow prosecutors […]

Russia sanctions backlash as billionaire launches challenge

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A few weeks ago, Eugene Shvidler, a billionaire who has been associated with Russian oligarch Roman Abramovich, launched the first legal challenge to reach the London courts to the UK’s Russian sanctions regime. Shvidler is arguing that the Foreign Office made “significant errors” in deciding to freeze his assets. He also challenges that he is […]

BNP Paribas climate case could prompt wider litigation against banking sector

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In February, three French NGOs, Friends of the Earth France, Notre Affaire à Tous and Oxfam France, launched proceedings in France against BNP Paribas, Europe’s largest bank, in connection with its financing of fossil fuel polluters and thus failing to comply with its obligations under the French corporate duty of vigilance law, which came into […]

Neil Swift Thinking

Coming soon to the UK: sweeping corporate criminal liability reforms?

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Traditionally, in England and Wales, a firm could be found guilty of some economic crimes only if its “directing mind and will” had been involved in the offense. This is the so-called identification doctrine. However, amendments to the Economic Crime and Corporate Transparency Bill are currently making their way through Parliament could change this. In […]

Crypto regulation – where are we now?

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Last month, HM Treasury released a report on cryptoassets, in which it proposed a new, comprehensive regulatory regime. In this article for Business Reporter, Neil Swift, James Tyler and Michal Chajdukowski review the government’s plans to regulate the crypto sector. They discuss the timings of, and background to, the proposals, what key protections the new […]

ESG: a load of old greenwash?

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Transition to net zero in the UK and in many other jurisdictions relies heavily upon consumer and investor pressure, combined with environmental social governance (ESG) disclosure requirements. While there are some sectors of the economy which are well placed to deliver in this regard, the development sector being one, there is a Wild West elsewhere, […]

“Greenwashing” – CMA investigations are not going away

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With more businesses using sustainability as a marketing tool, in a bid to attract environmentally aware consumers or to secure investment in environmental, social and governance (ESG)-related funds, it was only a matter of time before “green” or “eco-friendly” claims would attract the regulators’ attention. In July 2022, the UK Competition and Markets Authority (CMA) […]