A new article about the ins and outs of Terms of Use, written by Erika Knierim!
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Assistant Bar Counsel at Massachusetts Office of Bar Counsel (#LegalEthics Tidbits are from me and not my employer)
#LegalEthics Tidbit: When must a new Massachusetts lawyer take the Practicing With Professionalism (PWP) Course? Never. Effective immediately, the Supreme Judicial Court has repealed SJC Rule 3:16, which since 2013 has required all new lawyers to complete a half day course on civility, well-being, ethics and other topics. The court explained that the topics covered in the course are now covered in law schools and through other programs. Supreme Judicial Court Repeals Rule 3:16 Requiring Newly Admitted Lawyers to Complete Practicing with Professionalism Course | Mass.gov https://lnkd.in/djWnaPHt
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White collar, investigations & government enforcement, cyber/crypto US/UK expert. Former Joint Head Fraud, Bribery & Corruption, Serious Fraud Office, FCA wholesale enforcement, Chief Compliance Officer, Rolls Royce plc
The Glencore disclosure process will be groundbreaking. The SFO charged the Glencore individuals with breaches of UK anti-bribery law - but these charges appear to overlap with the guilty plea that Glencore Holdings entered into with the US DOJ under US anti-bribery law. This will raise novel disclosure as well as legal issues for the SFO. Two significant disclosure issues immediately spring to mind: 1. How will the SFO meet its obligation to show that it has pursued "all reasonable lines of enquiry" (as required by the Criminal Procedure and Investigations Act 1996) in its investigation into these individual charges that cover both the UK and US guilty plea time periods? The SFO guilty plea with Glencore Energy UK Ltd only covered the time period of 1 July 2011 to 1 April 2016. The DOJ guilty plea with Glencore International AG covered the time period 2007 to (and including) 2018. The individual charges (per the FT article below and other public sources) cover 2007-2014. It is a tall order to follow all reasonable lines of enquiry for five charges against seven individuals involving three countries over seven years. How much (if at all) did the SFO rely upon the DOJ investigation (especially for the pre-2011 time period not covered by the SFO guilty plea)? 2. How will the SFO handle the CPIA disclosure obligations in connection with the case file for its own - as well as possibly the DOJ - investigation and guilty plea? The CPIA requires the SFO determine all "relevant" material, with unused relevant material described and listed on a schedule that is provided to the defense. This includes the internal case team drives and other "material which [the investigators] generate as a result of their investigation." The Unaoil case and the Calvert-Smith Review confirmed the SFO's obligation to review the case drive to determine if there is any relevant material in relation to how the investigation was conducted. The CPIA obligations also include material generated during the course of DPA negotiations - as confirmed most recently by the HMCPSI review of disclosure at the SFO and in particular the G4S case. Guilty plea negotiations are no different than DPA negotiations in this regard. Will this require the SFO to obtain the full DOJ investigation and guilty plea negotiation file -at least as it concerns the overlap between what the DOJ investigated and the SFO is now charging? The notion of the DOJ handing over its investigation and case file to the SFO for possible disclosure in UK criminal proceedings is groundbreaking. Then again, the SFO filing individual charges for actions that are related to a US DOJ guilty plea (or DPA) appears to be new territory. Give credit to the SFO for not holding back despite the disclosure failings in recent years. These are serious and complex disclosure issues that will undoubtedly come before the judge in due course.
Ex-Glencore executives appear in court on corruption charges
ft.com
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Empower your legal knowledge with our free monthly e-newsletter. Packed with insightful blog posts, practical videos, and the latest news on laws and regulations, it's your key to staying ahead. https://bit.ly/3hrWtJC #StayInformed #LegalInsights #FreeNewsletter
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Are you finding it challenging to manage legal document storage, scheduling, law office finances, and client data? These are critical aspects of a successful legal practice, and improving your approach to them can significantly boost productivity and client relationships. Let’s explore how to optimize these tasks together! We are here to help you sort out all your problems! Find out more about us here https://legalplus.co.id/
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New regulations. Changing rules. The parameters of the law are always evolving and businesses need to stay up-to-date. To keep up with the latest legal developments that impact you and your business, simply sign up for our FREE monthly newsletter & receive it straight in your inbox. https://lnkd.in/ghxEQ2Bn #newsletter #legalinsights #antcliffescott #smes #legalservices #lawfirm #lawyers #legalnews #commerciallaw #iplaw #trademarklaw #estateplanning #commercialproperty #disputeresolution #conveyancing #sydneylawfirm #sydneylegalservices
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