Criminal Finances Act: another change to the corporate legal landscape

White-Collar Crime | 12 December 2017

With investigations such as the Paradise Papers and LuxLeaks placing tax arrangements squarely under the spotlight, it seems clear that businesses as well as wealthy individuals need to consider tax planning from a reputational as well as a legal perspective. In the eyes of the public, there is scant difference between tax evasion and aggressive tax avoidance.

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Company investigations: a ten-point plan

White-Collar Crime | 12 December 2017

When a company learns that there may have been serious misconduct within the organisation, one option is for it to conduct its own internal investigation to establish what has happened, who is liable and how to make sure that it does not happen again. A company investigation may take place either instead of or in tandem with an investigation by the police or other investigating authority. [Continue Reading]

White collar and related investigations – the trends you need to know

White-Collar Crime | 12 December 2017

Political and public pressures continue to drive significant changes in the approach to criminal corporate enforcement throughout the world. The UK has proved no exception and in September 2017 the Criminal Finances Act 2017 created another strict liability criminal offence for businesses, for failing to prevent facilitation of UK or foreign tax evasion. [Continue Reading]

White-collar crime: law on dishonesty re-written

White-Collar Crime | 12 December 2017

For 35 years the standard test for dishonesty in criminal trials has been that set out by the Court of Appeal in R v Ghosh. But last month, the Supreme Court overturned this authority in obiter comments in the judgment of Ivey v Genting Casinos. We examine the reasoning behind this decision and its likely consequences, particularly for white-collar crime cases. [Continue Reading]

Landmark ECJ decision for derived right of residence for EEA family members

Immigration | 17 November 2017

In the landmark decision of Toufik Lounes v Secretary of State for the Home Department (C‑165/16), the European Court of Justice (ECJ) has held that an EEA national who exercises free movement in another member state, and who later naturalises in that country and retains their original nationality, continues to enjoy the rights afforded under the Treaty of the Functioning of the European Union (TFEU). Further, that qualifying family members also continue to derive the same rights through that EEA national, including the right of residence. [Continue Reading]

UK government issues ‘technical note’ on citizens’ rights and administrative procedures post-Brexit

Immigration | 10 November 2017

On 7 November 2017, the UK government provided the European Commission with a ‘technical document’ with the aim of further clarifying its proposals in respect of post-Brexit citizenship rights. The note aims to offer reassurance to EU citizens and their family members by setting out further details of how a new ‘settled status’ scheme will operate in practice.

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Brexit Update

Brexit | 25 October 2017

The recent Government policy document leaked and published by The Guardian newspaper has given an indication of the post-Brexit immigration strategy. Despite not representing formal policy, given its unofficial status and the fact that the Government has yet to hear views from numerous stakeholders including the Migration Advisory Committee (MAC), current Government thinking is represented within the document, including the two year “implementation period” which has been increasingly discussed recently.

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They think it’s all over

TMT | 29 September 2017

Rights holders continue to have an ongoing battle against technological developments that facilitate free access to their content. The battles have taken many forms over the years since the creation of the printing press, recording TV and radio to VHS and cassettes respectively all the way through to the music industry’s fight against Napster.

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Firm Focus: AdamsonJones

TMT | 27 September 2017

AdamsonJones provides intellectual property (IP) services encompassing patent, design and trade mark protection and advice in the UK, Europe and throughout the world. The firm works with an expanding list of sophisticated and demanding clients, ranging from innovative start-ups and small and medium enterprises (SMEs) to multinational corporations and internationally renowned universities. AdamsonJones also represents the clients of its overseas associates in proceedings before the UK Intellectual Property Office (UK IPO), the European Patent Office (EPO) and European Union Intellectual Property Office. [Continue Reading]