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Channel: Clayton Utz | White Collar Crime and Investigations - Publications
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Litigation and Dispute Resolution Insights

This issue includes: Applying "overriding objectives" of UK civil procedural reforms in Australia; Directors' stand alone duty to disclose misconduct; Damages for misleading conduct - The centrality of...

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Litigation and Dispute Resolution Insights

This issue includes: Legal advice privilege and communications with third parties; Federal Government stitches up defendants' deep pockets in section 52 claims; Sex, drugs and breach of confidence;...

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Litigation and Dispute Resolution Insights

This issue includes: The growth of commercial litigation funding; ASIC can continue investigating even though it has commenced proceedings; Shareholders' rights to inspect the company's books; Here's...

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Litigation and Dispute Resolution Insights

This issue includes: "Pure" economic loss: is the law any clearer yet?; Defamation and the Internet - Avoiding liability for publication; Invisible service; Backup tapes: friend or foe?; Fishy...

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Litigation and Dispute Resolution Insights

This issue includes: Litigation funding agreements - the future's in the balance; Expert forensic accounting evidence: when is it admissible?; Dominant purpose, third parties, and legal professional...

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Litigation and Dispute Resolution Insights

This issue includes: Is there safety in numbers?; Responding to a regulator's request for documents; Is your D&O coverage up to scratch?; Success for Clayton Utz' Recovery & Insolvency team;...

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Litigation and Dispute Resolution Insights

This issue includes: "Without prejudice" privilege: traps for young (and old) players; Privilege limited in commission of inquiry; When can your defence amount to a waiver of legal professional...

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Litigation and Dispute Resolution Insights

This issue includes: Litigation funding in the High Court; " Giving up the gist" - The dangers of imputed waiver of legal professional privilege; Limitation of liability and in

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Litigation and Dispute Resolution Insights

This issue includes: From text to context in interpreting contracts - what does it mean for your contracts?; We're all model litigants, says NSW court; When can company officers rely on information...

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Litigation and Dispute Resolution Insights

This issue includes: Vodcast: Simple tips for surviving litigation; Fiduciary relationships, managing conflicts and Chinese walls; Defective design - How far does your product liability cover go?;...

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Litigation and Dispute Resolution Insights

This issue includes: Some answers expected soon on continuous disclosure and shareholder class actions; Keeping it to yourself: Australian Law Reform Commission review of Australian privacy laws; Is...

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Litigation and Dispute Resolution Insights

This issue includes: Lady Luck shines light on proportionate liability; Liquidators and funded litigation - is court approval necessary?; Lowering the threshold for the granting of summary judgment;...

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Litigation and Dispute Resolution Insights

This issue includes: Conceal or reveal? Reporting white-collar crime; Australia's largest shareholder class action payout - Aristocrat shareholder class action settles; Criminalising cartels -...

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Litigation and Dispute Resolution Insights

This issue includes: Sex, lies and videotape: breach of confidence claims and awards of damages; Waiver of privilege - more than a state of mind?; Risky business: Directors' and officers' liability and...

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Litigation and Dispute Resolution Insights

This issue includes: Class actions in Australia: Back to basics; Is evidence served in earlier proceedings covered by litigation privilege?; It's over! When (and how) can you terminate a contract?;...

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Litigation and Dispute Resolution Insights

This issue includes: Prudential regulation catches up with litigation funding; Plaintiffs queuing up to play the blame game post-GFC; Australia to join Hague Service Convention; Recovering damages for...

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Litigation and Dispute Resolution Insights

This issue includes: Statutory demands for creditors;

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Got a presence in the UK? Then the new Bribery Act will affect you

The new UK Bribery Act 2010 not only introduces tough new anti-bribery laws, but creates a new corporate offence of "failure of commercial organisations to prevent bribery".

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Anti-bribery and corruption laws - protecting yourself home and away

When fraud or corruption is discovered in a company, that company has to deal with some very serious issues. Clayton Utz Litigation Partner Greg Williams explains the risks here and abroad for...

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Litigation and Dispute Resolution Insights

This issue includes: Civil Dispute Resolution Bill - a genuine step towards more ADR?; Global reach of US securities class actions curbed; NSW announces reforms to its class action laws; What you...

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Litigation and Dispute Resolution Insights

This issue includes: Waiver refresher: Be alert to the possibility of waiving legal professional privilege; Express clauses for terminating a contract: when can you exercise your rights?;

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New South Wales introduces pre-litigation procedures - but what will they...

New South Wales has introduced new pre-litigation requirements, but whether they go substantially beyond litigation best practice, or how they will operate, is still unclear.

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Litigation and Dispute Resolution Insights

This issue includes: New risks for directors under the Australian Consumer Law; Express and extended warranties, and the new Australian Consumer Law; Product safety and notification under the...

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UK Bribery Act starts on 1 July 2011 - are you ready?

The UK Bribery Act will commence on 1 July 2011, so if your company is carrying on business in the UK, and the UK Ministry of Justice has released guidance on the new laws.

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Litigation and Dispute Resolution Insights

This issue includes: Privilege and in-house lawyers: 10 tips for successful privilege claims; High Court to consider international arbitration and bias issues; What are you excluding in your contract's...

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International bribery crackdown

Andrew Morrison from our Litigation team talks to BRR Media about the increased regulator activity in combating bribery and corruption in international business dealings

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Securency arrests are the first real test for Australian anti-bribery and...

Australia's anti-bribery and corruption laws are about to get their first real test in court with the charging of Securency International Pty Ltd and Note Printing Australia Limited for alleged bribery...

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Canada's anti-bribery laws show they have teeth with a $9.5 million penalty

The first significant prosecution under Canada's Corruption of Foreign Public Officials Act 1998 has led to a fine of nearly $9.5 million and three years' probation, putting all companies with a...

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Fraud and legal risk: what employers need to know

Sally Sheppard and Dan Trindade talk to BRR Media about how employers should respond when they discover fraud in the workplace.

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Fraud and legal risk: what employers need to know

You discover fraud in the workplace - now what? Sally Sheppard and Dan Trindade explain what employers need to consider before they respond.

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Watchdogs bite as corporate scandals rise

Corporate ethics and practices are increasingly in the sights of regulators as a growing number of scandals prompt action.

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Foreign anti-bribery laws - will Government abandon a critical protection?

The possible removal of the facilitation payments defence to foreign bribery is a potentially critical development for companies doing business in international jurisdictions that pose challenging...

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The US Foreign Corrupt Practices Act: What to do when the US Department of...

Australian businesses can fall within the scope of the US Foreign Corrupt Practices Act. What should they do when the US Department of Justice comes knocking - and what can they do to prevent it in the...

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Legal professional privilege, Australian regulators and foreign lawyers:...

Paul Hogan's long-running tax dispute threw up some interesting questions about the application of legal professional privilege, as Nicholas Mavrakis, Greta Gingell and Michael Legg explain.

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Foreign anti-bribery - an international report card on Australian law and...

A recent OECD Report on Australia's anti-bribery activity has identified a poor investigation and enforcement record and highlighted gaps in the current law. Will those gaps be filled soon, and what...

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The ABCs of an anti-bribery and corruption corporate compliance program for...

Australian businesses must develop and support a corporate culture and an effective system of compliance that meet the requirements of a variety of anti-corruption and bribery laws at home and abroad -...

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New guidance on the US FCPA

The US Department of Justice and Securities and Exchange Commission guidance on the U.S. Foreign Corrupt Practices Act will help set global standards for addressing corruption.

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Directors' duties and foreign bribery obligations

Personal liability for directors in connection with foreign bribery laws is a very real risk. Critical protection is to be found in championing and ensuring a strong corporate culture of compliance...

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Victoria's new Independent Broad-based Anti-Corruption Commission becomes...

Victoria's new Independent Broad-based Anti-Corruption Commission is up and running. Peter Sise explores its new powers, and some possible limits to its scope.

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New fraud, forgery and identity-related offences in New South Wales

A well-overdue modernisation and simplification of the fraud and forgery provisions in the Crimes Act 1900 (NSW) creates specific offences to address the growing problem of identify crime.

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Preparing for the impact of US Securities whistleblower reforms - employees...

Australian entities dealing with US public companies, including investment banks, advisers and service suppliers, as well as US subsidiaries operating in Australia, should be aware of recent reforms...

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Victim's compensation: An avenue worth exploring for corporate victims of fraud

A corporation that has suffered loss resulting from an offence committed in New South Wales should consider making a claim for victim's compensation against the perpetrator, as Tobin Meagher, Andrew...

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Anti-bribery and corruption compliance programs ?“ is it always as easy...

Recent anti-bribery and corruption prosecutions indicate problems arise not from failing to have a compliance program but from having an ineffective one. Randal Dennings sets out the basic steps you...

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International Anti-Corruption Day 2013: A review of combatting corruption in...

Peter Sise and Yudi New round up the anti-bribery and corruption highlights of 2013, and what we need to keep an eye on for 2014.

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Queensland Government enacts significant changes to corruption watchdog...

Some of the most significant legislative changes since 1989 to Queensland's Crime and Misconduct Commission's functions, operation and governance arrangements have just been passed by Parliament....

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Doing Business in Australia: Anti-bribery

In this article taken from Clayton Utz's Doing Business in Australia, the essential guide for investors and business exploring commercial opportunities in Australia, Greg Williams and Tobin Meagher set...

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The six phases of an ASIC investigation - and how you can be prepared

If you understand how an ASIC investigation is likely to proceed, you can be better prepared and can ensure any investigation will run as smoothly, and with as little disruption to your business, as...

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