Managing risk when using private investigators

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Managing risk when using private investigators"

Transcription

1 Managing risk when using private investigators Lawson Caisley, Partner Litigation (Corporate) Nigel Parker, Senior Associate Corporate 29 April 2014 Allen & Overy 2014

2 2014 Seminar schedule Tuesday 29 April 8.30am-9.30am Bishops Square Friday 2 May 12.30pm-1.30pm Bishops Square Tuesday 6 May 8.30am-9.30am Bishops Square Monday 19 May 12.30pm-1.30pm Bishops Square Tuesday 20 May 12.30pm-1.30pm Bishops Square Thursday 22 May 8.30am-9.30am Bishops Square Thursday 27 May 8.30am-9.30am Bishops Square Tuesday 3 June 8.30am-9.30am Bishops Square Thursday 12 June 8.30am-9.30am Bishops Square Tuesday 24 June 12.30pm-1.30pm Bishops Square Managing risk when using private investigators Lawson Caisley, Partner Litigation (Corporate), Nigel Parker, Senior Associate Corporate Recent developments in banking and finance law Richard Hooley, Consultant (Allen & Overy LLP) Bank recovery and resolution in Europe a credible framework? Bob Penn, Partner Financial Services Regulatory EMIR: current hot topics Emma Dwyer, Partner ICM, Damian Carolan, Partner - Banking The quest for meaning. An overview of the law of contract part I interpretation Jason Rix, Senior PSL Litigation, Rainer Evers, Senior Associate Litigation Shareholder activism it s coming; are you ready? Richard Cranfield, Partner Corporate, Richard Browne, Partner Corporate Ring-fencing retail banks three different approaches Bob Penn, Partner Financial Services Regulatory, Etay Katz, Partner Financial Services Regulatory Awkward twins: managing UCITS and AIFs under one roof Pavel Shevtsov, Partner Banking, Anne Pages, Associate Banking MiFID II an update on key developments Damian Carolan, Partner Banking What do we do now? An overview of the law of contract part II termination and remedies Jason Rix, Senior PSL Litigation, Rainer Evers, Senior Associate Litigation Allen & Overy LLP One Bishops Square, London E1 6AD, United Kingdom Tel Fax If you would like to attend one or more of our seminars, please visit where you can register. If you have any queries or require further information please 2 Allen & Overy 2014

3 Managing risk when using private investigators (8.30am 9.30am) Lawson Caisley Nigel Parker Summary The use of private investigators is widespread, in matters ranging from M&A to litigation. There has recently been considerable interest and press coverage in relation to the use and activities of private investigators, both of the PIs themselves and the actions of their clients. Several PIs have been jailed for using unlawful means to obtain information on behalf of their clients. Increasingly, the authorities, press and politicians have also focused on the instructions given to PIs by their clients. This has included criminal investigations by SOCA (now the NCA) and the Home Affairs Select Committee threatening to publish a list of instructing companies. The Information Commissioner has also stated that companies cannot turn a blind eye to the methods used on their behalf and must face the full force of the law if they do not take steps to ensure information is legally obtained. This seminar will examine the legal risks involved in using private investigators, and how best to manage those risks, as well as related issues such as dealing with requests for information from the subjects of the investigations and undertaking internal investigations. Allen & Overy

4 Speaker biographies Lawson advises leading FTSE companies and international groups, and has extensive experience of all aspects of complex commercial litigation and investigations. He is ranked as a leading dispute resolution lawyer in the legal directories where comments about him include; a lawyer who inspires trust clients know they can rely on him (Chambers 2013); gives his clients a first-class response (Legal ); brilliant with clients and works hard to ensure their goals are accomplished (Legal ); offers an excellent strategic overview and is always available to clients (Chambers 2011); thinks strategically and gets the best results for his clients (Chambers 2010). Lawson Caisley Partner Contact Tel Nigel specialises in non-contentious intellectual property, data privacy and commercial contracts. He works across a wide variety of business sectors. Nigel has advised a number of clients on internal investigations, governance issues, training and related matters relating to the use of private investigators. Chambers UK 2014 recognised Nigel as a Star Associate and described him as Smart, pragmatic and highly responsive. Nigel Parker Senior Associate Contact Tel Allen & Overy 2014

5 Managing legal risks when using private investigators Tuesday 29 April, 2014 Allen & Overy LLP 2014 LT: Allen & Overy

6 Meeting you today Portrait Lawson Caisley Partner Litigation (Corporate) Tel Nigel Parker Senior Associate Corporate Tel Allen & Overy LLP Allen & Overy 2014

7 Overview 1. Use of private investigators 2. Risks of private investigations 3. Risks for clients of private investigators 4. Data protection risks 5. Other criminal offences 6. Warning signs 7. Debunking myths 8. Managing risk Allen & Overy LLP Allen & Overy

8 1) Use of private investigators obtaining information and evidence relating to existing, or contemplated, legal proceedings verifying the legitimacy of insurance claims investigating internal and external fraud tracing debtors and recovering stolen goods tracing witnesses and serving court documents background checks on witnesses employee background screening and drug & health screening investigating misuse of intellectual property due diligence on potential business partners financial investigations cyber investigations and ensuring cyber security anti-bribery and corruption investigations job applicant background screening and market reference exercises due diligence, third party and vendor screening Allen & Overy LLP Allen & Overy 2014

9 2) Risks of private investigations Unauthorised access to computer material Computer Misuse Act 1990 Fraud Fraud Act 2006 Bribery Bribery Act 2010 Unlawful obtaining or disclosure of personal data Data Protection Act 1998 Failure to register as a data controller Data Protection Act 1998 Breach of Data Protection Act Principles Data Protection Act 1998 Allen & Overy LLP Allen & Overy

10 2) Risks of private investigations Unlawful interception RIPA Breach of confidence Trespass to goods Theft Theft Act 1998 Harassment Protection from Harassment Act 1997 Others -Criminal Justice and Public Order Act Equality Act HRA 1998 Allen & Overy LLP Allen & Overy 2014

11 No direct regulation of private investigators, yet Home Affairs Committee inquiry Tasked with undertaking an inquiry into PIs (following phone-hacking inquiry) July 2012 Report recommended Licensing of PIs and private investigation companies by end of 2013 Code of Conduct for PIs Criminal record for breach of s.55 DPA to act as a bar to individual operating as PI 31 July 2013, Secretary of State announced that by autumn 2014 the Security Industry Authority ( SIA ) will regulate private investigators under the Private Security Industry Act 2001 ( PSIA 2001 ) Powers under PSIA 2001 PIs to be licensed by SIA, subject to satisfactory criminality and identity checks and competency based training Criminal record for breach of s.55 DPA to act as bar to individual operating as PI Practising without licence or breaching conditions of licence to be criminal offence maximum sentence under PSIA 2001 currently 6 months imprisonment and/or fine of up to 5,000 Allen & Overy LLP Allen & Overy

12 3) Risks for clients of private investigators Primary liability (eg in-house security dept. investigations) Secondary liability Inchoate offences (eg conspiracy) Data breach Breach of DPA Principles (eg failure to notify) Subject access requests Allen & Overy LLP Allen & Overy 2014

13 PIs and illegal trade in information Operation Motorman 4 PIs convicted ICO Reports ICO calls for custodial sentences for illegal trade in information Operation Barbatus 2 PIs and 3 ex-police officers convicted Criminal Justice and Immigration Act 2008 Introduced custodial sentence for breach of s 55 (up to two years) not activated by Secretary of State Allen & Overy LLP Allen & Overy

14 Increasing focus on clients Aug 2013 Operation Millipede 4 PIs convicted SOCA (now the NCA) concludes no evidence of criminality by clients Leveson Inquiry Strong criticism of lack of action by the ICO ICO response to Leveson Referred back to What Price Privacy? Home Affairs Select Committee Demands disclosure of client names (refused by SOCA and ICO) SOCA passes Millipede files to ICO Allen & Overy LLP Allen & Overy 2014

15 Increasing focus on clients Nov 2013 Jan 2014 ICU PIs convicted (fined 5K) no action against clients IKEA Senior executives in France placed under investigation for hiring private investigators Candy Brothers Allegation against PIs and instructing solicitors Allen & Overy LLP Allen & Overy

16 Operation Spruce Feb construction 4 legal services Operation Spruce ICO announces intention to take action against clients of PIs convicted under Operation Millipede awaiting decision to prosecute Allen & Overy LLP ICO worked through list of 98 clients from Operation Millipede ICO initially said evidence that 19 may be liable for breaches and/or criminal liability under DPA. ICO announced 7 February 2014 that it intends to pursue 11 of these clients. Requests/search orders to begin week commencing 10 February 2014 FBI to be called in to investigate 8 US companies using British PIs 5 retail companies 3 private investigator firms 12 2 financial 3 insurance 1 security company 16 Allen & Overy 2014

17 4) Data protection risks Disclosure of personal data by a client to a PI Obtaining & sharing of personal data by a PI Use & holding of personal data by the client Allen & Overy LLP Allen & Overy

18 Criminal offences under the DPA Unlawful obtaining of personal data Section 55 DPA Knowingly or recklessly, without consent of the data controller: Obtaining personal data Disclosing personal data Procuring disclosure of personal data Criminal offence 5,000 fine (magistrates) Unlimited fine (Crown Court) No custodial sentence (although two year custodial sentence enacted, but not activated) Director/officer liability Examples of s 55 offence Blagging ie obtaining information by deception: Pretending to be the data subject Pretending to be somebody connected to the data subject or an employee of the entity being blagged (eg HMRC, BT, banks, GP surgery) Using information which you are entitled to access for illegitimate purposes: An HR employee providing information about employees to a third party A bank employee disclosing information about customer to third parties Police officers accessing information from the police database GP receptionist accessing medical data Accessing information you are not allowed to access in the workplace Allen & Overy LLP Allen & Overy 2014

19 Data protection principles 1. Processing shall be fair and lawful 2. Personal data shall be processed for specified/compatible purposes 3. Personal data shall be adequate, relevant, not excessive 4. Personal data shall be accurate and kept up to date 5. Personal data shall not be kept for longer than necessary 6. Processing shall be in accordance with rights of data subjects 7. Technical and organisational security measures shall be taken 8. No cross-border transfers without appropriate safeguards Allen & Overy LLP Allen & Overy

20 Practical application of the Principles Principles Lawfulness, Legitimacy Practice Prin 1: Must not breach other laws when collecting/using (e.g. bribery) Engagement terms Monitoring engagement Prin 1: Must have a legitimate basis, which is not outweighed by interests of the individual (i.e. right to privacy) Assess legitimacy of decision to use PI and scope of investigation/methods used Prin 1: Usually must have explicit consent to process sensitive personal data Minimise/avoid processing sensitive personal data Allen & Overy LLP Allen & Overy 2014

21 Practical application of the Principles Principles Transparency Practice Prin 1: Transparent Usually must notify individuals of use of personal data (fair processing notice) We may collect and process the following data about you for the following purposes Exempt if processing for detection or prevent of crime Exempt if processing necessary for obtaining legal advice, legal proceedings, defending legal rights Allen & Overy LLP Allen & Overy

22 Practical application of the Principles Principles Proportionality, accuracy Practice Prin 3: Adequate, relevant Consider proportionality (e.g. impact assessment) Define the scope of engagement Prin 4: Accurate and up to date Control acceptable sources of information; obligation to fact-check Prin 5: Not kept for longer than necessary Implement retention policy Limitation Act years Allen & Overy LLP Allen & Overy 2014

23 Practical application of the Principles Principles Data subject rights Practice Prin 6: Data subjects have a right of access Data minimisation Implement a subject access requests policy Prin 6: Data subjects have a right to prevent processing Data minimisation Allen & Overy LLP Allen & Overy

24 Practical application of the Principles Principles Security Practice Prin 7: Appropriate steps must be taken to ensure security of data Access controls Systems (e.g. encryption) Data processing agreement Licences/accreditation No subcontracting Policies (e.g. use of mobile devices) Allen & Overy LLP Allen & Overy 2014

25 5) Other criminal offences Allen & Overy LLP Allen & Overy

26 Bribery Our sources within the tax authority told us that he is not under investigation Bribery Act A crime to receive or give a bribe (whether to a private individual/company or a foreign official) Created new criminal offence: failure of commercial organisations to prevent bribery by a person associated with the company, even if without knowledge or direction of the company Associated person broadly defined as someone who provides services to the company Includes senior execs who consent or connive Maximum 10-year prison sentence Allen & Overy LLP Allen & Overy 2014

27 Fraud We were able to establish from his service provider that he has not made any calls outside of the UK Fraud Act 2006 Fraud by False Representation The representation must be wrong or misleading, and the person making it must know it is, or might be, wrong or misleading The defendant's conduct must be dishonest and his intention must be to make a gain, or to cause loss to another (or expose them to a risk of loss) Maximum 10-year prison sentence Allen & Overy LLP Allen & Overy

28 Computer Misuse Act 1990 We used the Administrator s password which you provided to access her old account It is an offence to gain unauthorised access to computer material A person will commit this offence if: (a) he causes a computer to perform any function with intent to secure access to any program or data held in any computer; (b) the access he intends to secure is unauthorised; and (c) he knows at the time when he causes the computer to perform the function that that is the case. Maximum two-year prison sentence Allen & Overy LLP Allen & Overy 2014

29 Regulation of Investigatory Powers Act 2000 During a conversation with X he mentioned that Offence for person to intentionally and without lawful authority to intercept any communication in the course of its transmission by means of a public or private telecommunication system Maximum two-year prison sentence Allen & Overy LLP Allen & Overy

30 6) Warning signs Deception (e.g. blagging) Involvement of public officials / authorities Covert monitoring (e.g. surveillance) Sensitive Personal Data (e.g. health, offences) Access to private communications Non-public information Allen & Overy LLP Allen & Overy 2014

31 7) Debunking myths But - it s public information - it s true - everyone else does it - it happened outside the UK - we have no other way of getting the information we need - the lawyers did it, it s not our responsibility - we didn t use the information - we ve deleted the information Allen & Overy LLP Allen & Overy

32 How can a PI lawfully be of use? Potentially lawful activity Surveillance Collating information from publicly available sources Carrying out interviews or obtaining witness accounts Gathering evidence for legal proceedings provided that No harassment Notice provided or exemption applies under the DPA No other offence committed eg fraud, bribery, computer misuse etc. Notice provided or exemption applies under the DPA No other offence committed eg fraud, bribery, computer misuse etc. No blagging No bribery No deceit as to nature of interview or identity of PI Notice provided or exemption applies under the DPA No other offence committed eg fraud, bribery, computer misuse etc. Allen & Overy LLP Allen & Overy 2014

33 8) Managing Risk Implement guidelines and a process/policy Use standard terms of engagement Minimise processing of personal data (esp. sensitive data) Monitor engagement Raise awareness / training Maintain DPA registration and fair processing notice where possible (eg employees) Allen & Overy LLP Allen & Overy

34 Questions? These are presentation slides only. The information within these slides does not constitute definitive advice and should not be used as the basis for giving definitive advice without checking the primary sources. Allen & Overy means Allen & Overy LLP and/or its affiliated undertakings. The term partner is used to refer to a member of Allen & Overy LLP or an employee or consultant with equivalent standing and qualifications or an individual with equivalent status in one of Allen & Overy LLP's affiliated undertakings. Allen & Overy LLP Allen & Overy 2014

35 Allen & Overy

36 36 Allen & Overy 2014

37 Allen & Overy

38 Allen & Overy LLP One Bishops Square, London E1 6AD United Kingdom Tel Fax In this document, Allen & Overy means Allen & Overy LLP and/or its affiliated undertakings. The term partner is used to refer to a member of Allen & Overy LLP or an employee or consultant with equivalent standing and qualifications or an individual with equivalent status in one of Allen & Overy LLP's affiliated undertakings. Allen & Overy LLP or an affiliated undertaking has an office in each of: Abu Dhabi, Amsterdam, Antwerp, Athens (representative office), Bangkok, Beijing, Belfast, Bratislava, Brussels, Bucharest (associated office), Budapest, Casablanca, Doha, Dubai, Düsseldorf, Frankfurt, Hamburg, Hanoi, Ho Chi Minh City, Hong Kong, Istanbul, Jakarta (associated office), London, Luxembourg, Madrid, Mannheim, Milan, Moscow, Munich, New York, Paris, Perth, Prague, Riyadh (associated office), Rome, São Paulo, Shanghai, Singapore, Sydney, Tokyo, Warsaw, Washington D.C. and Yangon. MKT: Allen & Overy 2014

Hot topics in insolvency and restructuring. Wendy Braithwaite, Counsel, Banking Restructuring. 13 March 2014

Hot topics in insolvency and restructuring. Wendy Braithwaite, Counsel, Banking Restructuring. 13 March 2014 Hot topics in insolvency and restructuring Wendy Braithwaite, Counsel, Banking Restructuring 13 March 2014 Allen & Overy 2014 2014 Seminar schedule Thursday 13 March 12.30pm-1.30pm Bishops Square Wednesday

More information

VAT recovery and pension schemes: Where are we now?

VAT recovery and pension schemes: Where are we now? VAT recovery and pension schemes: Where are we now? Speed read HMRC s policy on reclaiming VAT on investment management and other costs remains under review in the light of two recent decisions from the

More information

Accessing DC savings: The new rules. www.allenovery.com

Accessing DC savings: The new rules. www.allenovery.com Accessing DC savings: The new rules www.allenovery.com 2 2 DCHQ Freedom and choice series: briefing 2 In addition to existing options such as cashing out a small lump sum, buying an annuity or going into

More information

Our Financial Services Regulatory practice

Our Financial Services Regulatory practice Our Financial Services Regulatory practice 2015 2 Our Financial Services Regulatory practice 2015 Allen & Overy LLP 2015 3 How we can assist you Ranked Tier 1 for Financial Services Regulatory: Non-contentious

More information

DC pensions: All change from April 2015

DC pensions: All change from April 2015 DC pensions: All change from April 2015 www.allenovery.com 2 DCHQ Freedom and choice series: briefing 1 The most fundamental reform to the way people access their pension rights in almost a century. That

More information

Our global Product Liability group

Our global Product Liability group Our global Product Liability group 2014 www.allenovery.com 2 Sources say: Extremely impressive; the response times are incredible and the advice is well thought out. Chambers 2014 They are on top of the

More information

Analysis - the worldwide reach of FATCA

Analysis - the worldwide reach of FATCA January 2012 Analysis - the worldwide reach of FATCA This article was first published in the Tax Journal in July 2011 SPEED READ Recent US legislation effectively makes non-us banks and non US financial

More information

Equity Capital Markets Team Germany

Equity Capital Markets Team Germany Equity Capital Markets Team Germany 2 Equity Capital Markets Team Germany Our strength is our experience with complex assignments Capital markets are difficult to predict and present serious challenges

More information

Connecting people at A&O and beyond. www.allenovery.com/alumni

Connecting people at A&O and beyond. www.allenovery.com/alumni Connecting people at A&O and beyond www.allenovery.com/alumni 2 Connecting People at A&O and beyond Our alumni explain why the A&O Alumni Network is useful to them It is good that the firm still likes

More information

Jackson reforms to civil litigation

Jackson reforms to civil litigation June 2013 Jackson reforms to civil litigation What do commercial parties really need to know? SPEED READ The bulk of the Jackson reforms to costs in English civil litigation were implemented on 1 April

More information

On the move: avoiding the legal pitfalls when moving your business

On the move: avoiding the legal pitfalls when moving your business On the move: avoiding the legal pitfalls when moving your business Beverley Vara Partner, Litigation Real Estate Richard White Group Property Director, New Look 10 May 2011 Season One 2011 Seminar Schedule

More information

Flexible access and the annual allowance: How does it work? www.allenovery.com

Flexible access and the annual allowance: How does it work? www.allenovery.com Flexible access and the annual allowance: How does it work? www.allenovery.com 2 DCHQ Freedom and choice series: briefing 3 Flexible access and the annual allowance how does it work? Certain methods of

More information

Capital Requirements Directive IV Framework Liquidity Requirements. Allen & Overy Client Briefing Paper 15 January 2014. www.allenovery.

Capital Requirements Directive IV Framework Liquidity Requirements. Allen & Overy Client Briefing Paper 15 January 2014. www.allenovery. Capital Requirements Directive IV Framework Liquidity Requirements Allen & Overy Client Briefing Paper 15 January 2014 2 CRD IV Framework: Liquidity Requirements January 2014 CRD IV Framework: Liquidity

More information

Corporate funding monitor: The changing face of fi nance. January 2014. www.allenovery.com

Corporate funding monitor: The changing face of fi nance. January 2014. www.allenovery.com Corporate funding monitor: The changing face of fi nance January 214 www.allenovery.com 2 The Allen & Overy Corporate Funding Monitor looks at loan, bond and equity issues to non-financial corporates over

More information

Passive infrastructure sharing

Passive infrastructure sharing Passive infrastructure sharing 2 Why sharing? Passive infrastructure sharing started with mobile phone towers. Mobile network operators allowed each other to hang antennas on their mast sites, resulting

More information

Capital Requirements Directive IV Framework Leverage Ratio. Allen & Overy Client Briefing Paper 16 January 2014. www.allenovery.

Capital Requirements Directive IV Framework Leverage Ratio. Allen & Overy Client Briefing Paper 16 January 2014. www.allenovery. Capital Requirements Directive IV Framework Leverage Ratio Allen & Overy Client Briefing Paper 16 January 2014 2 CRD IV Framework: Leverage Ratio January 2014 CRD IV Framework: Leverage Ratio This briefing

More information

U.S. Tax and the Issuance of Debt Securities after the HIRE Act

U.S. Tax and the Issuance of Debt Securities after the HIRE Act October 2011 U.S. Tax and the Issuance of Debt Securities after the HIRE Act An update SPEED READ This Bulletin provides participants in debt capital markets transactions with updated guidance on U.S.

More information

Capital Requirements Directive IV Framework Operational Risk. Allen & Overy Client Briefing Paper 13 January 2014. www.allenovery.

Capital Requirements Directive IV Framework Operational Risk. Allen & Overy Client Briefing Paper 13 January 2014. www.allenovery. Capital Requirements Directive IV Framework Operational Risk Allen & Overy Client Briefing Paper 13 January 2014 www.allenovery.com 2 CRD IV Framework: Operational Risk January 2014 CRD IV Framework: Operational

More information

New amendments to the Spanish Insolvency Law

New amendments to the Spanish Insolvency Law 3 rd June 2015 New amendments to the Spanish Insolvency Law Ley 9/2015 Contents Summary 2 Refinancing agreements 2 The communication foreseen under Article 5bis of the insolvency Law 3 Ranking of creditors

More information

Financial services regulation in Australia

Financial services regulation in Australia Financial services regulation in Australia FEBRUARY What you need to know Financial services regulation in Australia February 2016 1 What you need to know Key points Do you do business in Australia or

More information

Cyber security: A major issue for Australian business

Cyber security: A major issue for Australian business Cyber Security: A major issue for Australian business: February 2016 1 Cyber security: A major issue for Australian business Contents Introduction and background Is your industry particularly vulnerable

More information

Schemes and Company Voluntary Arrangements. Mark Sterling Partner, Banking Ian Field Partner, Banking

Schemes and Company Voluntary Arrangements. Mark Sterling Partner, Banking Ian Field Partner, Banking Schemes and Company Voluntary Arrangements Mark Sterling Partner, Banking Ian Field Partner, Banking 18 June 2010 påüéãéë=~åç=`çãé~åó=sçäìåí~êó=^êê~åöéãéåíë ENOKPMéã=Ó NKPMéãF Mark Sterling Ian Field

More information

Our insurance disputes practice. www.allenovery.com

Our insurance disputes practice. www.allenovery.com Our insurance disputes practice 2012 2 Our insurance disputes practice About our insurance disputes practice Insurance coverage expertise Unlike almost every other top commercial law firm, our insurance

More information

Corporate funding monitor 2015

Corporate funding monitor 2015 Corporate funding monitor 2015 The changing face of finance February 2015 2 Corporate funding monitor 2015 A global reaction to a global crisis Global corporate funding by source (USDtn) USD4tn USD3tn

More information

Derivatives and Structured Finance Practice

Derivatives and Structured Finance Practice Derivatives and Structured Finance Practice Global Key Contacts 2015 www.allenovery.com Derivatives and Structured Finance Practice 2015 Our Global Presence AFRICA ASIA PACIFIC EUROPE Casablanca Johannesburg

More information

Cybersecurity. www.allenovery.com

Cybersecurity. www.allenovery.com Cybersecurity 2016 www.allenovery.com 2 Cybersecurity 2016 Our cybersecurity practice Computers, the internet, mobile devices and electronic transactions all play an important and ever-increasing role

More information

Ship Finance Practice. Covering ship finance from every perspective. www.allenovery.com

Ship Finance Practice. Covering ship finance from every perspective. www.allenovery.com Ship Finance Practice Covering ship finance from every perspective 2 Ship Finance Practice Why Allen & Overy? A pre-eminent ship finance practice Our international ship finance practice holds a premier

More information

The new gtlds. What do trademark owners need to know?

The new gtlds. What do trademark owners need to know? The new gtlds What do trademark owners need to know? Allen & Overy 2012 Contents The new gtlds 3 Introduction 3 Can trademark owners object against a gtld application? 3 Can trademark owners apply for

More information

Cloud Computing: A Primer on Legal Issues, Including Privacy and Data Security Concerns. Privacy and Information Management Practice / Washington, DC

Cloud Computing: A Primer on Legal Issues, Including Privacy and Data Security Concerns. Privacy and Information Management Practice / Washington, DC Cloud Computing: A Primer on Legal Issues, Including Privacy and Data Security Concerns Privacy and Information Management Practice / Washington, DC Disclaimer THIS PRESENTATION IS TO ASSIST IN A GENERAL

More information

The impact of social media on your business

The impact of social media on your business Belgium The impact of social media on your business Allen & Overy 2012 Contents The increasing importance of social media 3 Social media and employment law 4 1_Recruitment 4 2_Performance of the employment

More information

Our Global Environmental and Regulatory Law practice

Our Global Environmental and Regulatory Law practice Our Global Environmental and Regulatory Law practice 2015 2 Our Global Environmental and Regulatory Law practice 2015 Introduction Environmental and regulatory compliance issues are now part of everyday

More information

China Publishes Draft Rules on Protection of Information Network Dissemination Rights

China Publishes Draft Rules on Protection of Information Network Dissemination Rights China Publishes Draft Rules on Protection of Information Network Dissemination Rights 1 China Publishes Draft Rules on Protection of Information Network Dissemination Rights On 22 April, 2012, the Supreme

More information

What is Cloud Computing? Up to speed July 2011. www.allenovery.com

What is Cloud Computing? Up to speed July 2011. www.allenovery.com What is Cloud Computing? Up to speed July 2011 2 Up to speed What is Cloud Computing? July 2011 What is Cloud Computing? Confusion abounds when cloud computing is discussed, and the situation is getting

More information

Employee monitoring in France. January 2010. Contents. Legal Framework 1

Employee monitoring in France. January 2010. Contents. Legal Framework 1 Employee monitoring in France January 2010 Contents Legal Framework 1 Principal situations where an individual's privacy is restricted in the workplace 1 Potential disciplinary sanctions applied to employees

More information

What is Cyber Security?

What is Cyber Security? & Cyber Security The threat: trojans, trap doors malware, packet sniffers, worms, viruses, hacking and denial of service. Physical security is insufficient protection against these new forms of threat.

More information

Insurance claims and losses in Spain. Procedural aspects of the Spanish legal system

Insurance claims and losses in Spain. Procedural aspects of the Spanish legal system Insurance claims and losses in Spain. Procedural aspects of the Spanish legal system Further information If you would like further information, please contact a person mentioned below or the person with

More information

Capital Requirements Directive IV Framework Introduction to Regulatory Capital and Liquidity. Allen & Overy Client Briefing Paper 1 January 2014

Capital Requirements Directive IV Framework Introduction to Regulatory Capital and Liquidity. Allen & Overy Client Briefing Paper 1 January 2014 Capital Requirements Directive IV Framework Introduction to Regulatory Capital and Liquidity Allen & Overy Client Briefing Paper 1 January 2014 2 CRD IV Framework: Introduction to Regulatory Capital and

More information

Go for the top. www.allenovery.com. CS1008019_v2.indd 1 14/3/11 11:11:32

Go for the top. www.allenovery.com. CS1008019_v2.indd 1 14/3/11 11:11:32 Go for the top CS1008019_v2.indd 1 14/3/11 11:11:32 2 Go for the top Allen & Overy LLP 2011 CS1008019_v2.indd 2 14/3/11 11:12:06 3 Who are we? Allen & Overy was founded on 1 January 1930 by George Allen

More information

Client Alert. Accountants and Auditors as SEC Whistleblowers. Categories of Persons Eligible or Not Eligible for SEC Whistleblower Awards

Client Alert. Accountants and Auditors as SEC Whistleblowers. Categories of Persons Eligible or Not Eligible for SEC Whistleblower Awards Number 1462 February 5, 2013 Client Alert Latham & Watkins Litigation Department Accountants and Auditors as SEC Whistleblowers Nearly every public company and financial industry firm subject to the enforcement

More information

What is Cyber Security? Why work with us?

What is Cyber Security? Why work with us? & Cyber Security The threat: trojans, trap doors malware, packet sniffers, worms, viruses, hacking and denial of service. Physical security is insufficient protection against these new forms of threat.

More information

The Telephone Consumer Protection Act: Compliance Developments and What to Expect in 2015

The Telephone Consumer Protection Act: Compliance Developments and What to Expect in 2015 The Telephone Consumer Protection Act: Compliance Developments and What to Expect in 2015 November 2014 Mark W. Brennan, Partner Overview Overview of the TCPA Recent Developments Issues to Watch What You

More information

UK Employee Incentives and Benefits

UK Employee Incentives and Benefits UK Employee Incentives and Benefits About our UK Employee Incentives and Benefits Team The UK Employee Incentives and Benefits team at Bird & Bird design, draft and implement employee share plans and other

More information

JUDGMENT ON THE SPANISH TAX LEASE SYSTEM

JUDGMENT ON THE SPANISH TAX LEASE SYSTEM JUDGMENT ON THE SPANISH TAX LEASE SYSTEM CASE T-719/13 PYMAR / COMMISSION Contents 1. Background 2. Judgment of the GCEU of 17 December 2015 in Case T- 719/13, PYMAR / Commission 3. Effects of the Judgment

More information

The CMS REMIT healthcheck

The CMS REMIT healthcheck CMS_LawTax_CMYK_28-100.eps The CMS REMIT healthcheck Market abuse, reporting and registration framework for the EU energy market February 2013 Background The EU Regulation on Energy Market Integrity and

More information

Fraudulent Insurance Claims A Mucky Present and a Murky Future

Fraudulent Insurance Claims A Mucky Present and a Murky Future Fraudulent Insurance Claims A Mucky Present and a Murky Future Dan Screene, Senior Associate Insurance Litigation Practice Group London 12 February 2013 The fraud epidemic Economic landscape Losses to

More information

Crimes (Computer Hacking)

Crimes (Computer Hacking) 2009-44 CRIMES (COMPUTER HACKING) ACT 2009 by Act 2011-23 as from 23.11.2012 Principal Act Act. No. 2009-44 Commencement except ss. 15-24 14.1.2010 (LN. 2010/003) Assent 3.12.2009 Amending enactments Relevant

More information

ASEAN. Southeast Asia. www.allenovery.com

ASEAN. Southeast Asia. www.allenovery.com ASEAN Southeast Asia www.allenovery.com ASEAN Southeast Asia A&O in ASEAN 22 partners 130+ lawyers (including partners) 6 offices across ASEAN* 15 Tier #1 ASEAN rankings Chambers Asia 2014 Allen & Overy

More information

Presentation to CIPS Financial Services Purchasing Procurement Forum Bribery Act 2010

Presentation to CIPS Financial Services Purchasing Procurement Forum Bribery Act 2010 Presentation to CIPS Financial Services Purchasing Procurement Forum Bribery Act 2010 Angela Pearson ABU DHABI BRUSSELS DUBAI FRANKFURT HONG KONG LONDON MADRID MILAN MUNICH NEW YORK PARIS ROME SINGAPORE

More information

Norton Rose Group expands across Canada, Latin America and Kazakhstan. Creating one of the world s leading energy and mining practices

Norton Rose Group expands across Canada, Latin America and Kazakhstan. Creating one of the world s leading energy and mining practices Norton Rose Group expands across Canada, Latin America and Kazakhstan Creating one of the world s leading energy and mining practices Norton Rose Group expands across Canada, Latin America and Kazakhstan

More information

Intellectual property in the cloud. May 2013. www.allenovery.com

Intellectual property in the cloud. May 2013. www.allenovery.com Intellectual property in the cloud May 2013 2 Intellectual property in the cloud May 2013 Allen & Overy LLP 2013 3 Intellectual property in the cloud While market research firms consistently predict spectacular

More information

Brand Management Services

Brand Management Services Brand Management Services About Bird & Bird Since 1898 Bird & Bird has led the way in protecting the ideas that have made some of the world s greatest brands successful. It s the firm s excellence in client

More information

Overview of our expertise in restructuring and insolvency. www.allenovery.com

Overview of our expertise in restructuring and insolvency. www.allenovery.com Overview of our expertise in restructuring and insolvency 2015 2 Overview of our expertise in restructuring and insolvency 2015 3 Our practice The magic circle firm is strongest in banking and restructuring,

More information

A Comparison of Takeovers of Hong Kong, Mainland China and Singapore listed Chinese Companies

A Comparison of Takeovers of Hong Kong, Mainland China and Singapore listed Chinese Companies October 2011 A Comparison of Takeovers of Hong Kong, Mainland China and Singapore Place of incorporation A incorporated in a jurisdiction outside the PRC which is accepted for listing on the Hong Kong

More information

Liberating the Power of Service The right of establishment The case of lawyers

Liberating the Power of Service The right of establishment The case of lawyers Liberating the Power of Service The right of establishment The case of lawyers Second Bruges European Business Conference College of Europe Jacques Derenne, Partner, Hogan Lovells, Brussels Associate Professor,

More information

Liberating the Power of Service The right of establishment The case of lawyers. Second Bruges European Business Conference College of Europe

Liberating the Power of Service The right of establishment The case of lawyers. Second Bruges European Business Conference College of Europe Liberating the Power of Service The right of establishment The case of lawyers Second Bruges European Business Conference College of Europe Jacques Derenne, Partner, Hogan Lovells, Brussels Associate Professor,

More information

Private Equity, Leveraged Finance and High Yield

Private Equity, Leveraged Finance and High Yield Private Equity, Leveraged Finance and High Yield 2014 2 Private Equity, Leveraged Finance and High Yield 2014 A leading global practice We are continuing to invest in a growing network of international

More information

Loan Trading under LMA Documentation A Guide for Traders and In-house Counsel

Loan Trading under LMA Documentation A Guide for Traders and In-house Counsel Loan Trading under LMA Documentation A Guide for Traders and In-house Counsel 2 Further information If you would like further information on any aspect of this note, please contact a person mentioned below

More information

Private Investigators

Private Investigators THE GOVERNMENT RESPONSE TO THE FOURTH REPORT FROM THE HOME AFFAIRS COMMITTEE SESSION 2012-13 HC 100 Private Investigators Presented to Parliament by the Secretary of State for the Home Department by Command

More information

SFC proposes amendments to regulation of automated trading services guidelines

SFC proposes amendments to regulation of automated trading services guidelines SFC proposes amendments to regulation of automated trading services guidelines 1 Briefing note December 2015 SFC proposes amendments to regulation of automated trading services guidelines On 20 November

More information

Capital Requirements Directive IV Framework Standardised Approach to Credit Risk in the Banking Book

Capital Requirements Directive IV Framework Standardised Approach to Credit Risk in the Banking Book Capital Requirements Directive IV Framework Standardised Approach to Credit Risk in the Banking Book Allen & Overy Client Briefing Paper 3 January 2014 2 CRD IV Framework: Standardised Approach to Credit

More information

Employment. CMS Cameron McKenna Supporting your needs

Employment. CMS Cameron McKenna Supporting your needs Employment CMS Cameron McKenna Supporting your needs 2014 Our Employment team We are a full service Employment team advising on all aspects of the employment relationship with a focus on high-level, complex

More information

UAE Investment Funds Regulation implemented

UAE Investment Funds Regulation implemented UAE Investment Funds Regulation implemented beginning of the end for the tolerated practice? 1 Briefing note August 2012 UAE Investment Funds Regulation implemented The UAE Securities and Commodities Authority

More information

Hazardous substances. Our capabilities in Paris

Hazardous substances. Our capabilities in Paris Hazardous substances Our capabilities in Paris 2013 Hogan Lovells - Hazardous substances: Our capabilities in Paris i Contents Our expertise in relation to hazardous substances 1 Sophisticated advice

More information

Unbundling a market. The appetite for new legal services models. Global survey results May 2014. www.allenovery.com

Unbundling a market. The appetite for new legal services models. Global survey results May 2014. www.allenovery.com Unbundling a market The appetite for new legal services models Global survey results May 2014 www.allenovery.com 2 Foreword Whether you are a buyer or a provider of legal services, this is an exciting

More information

Corporate ICT & Data Management. Data Protection Policy

Corporate ICT & Data Management. Data Protection Policy 90 Corporate ICT & Data Management Data Protection Policy Classification: Unclassified Date Created: January 2012 Date Reviewed January Version: 2.0 Author: Owner: Data Protection Policy V2 1 Version Control

More information

Cloud computing. A great tool. www.allenovery.com

Cloud computing. A great tool. www.allenovery.com Cloud computing A great tool 2 Cloud computing A great tool 2014 The worldwide cloud computing market will grow at a 36% compound annual growth rate (CAGR) through 2016, reaching a market size of USD19.5bn

More information

Fraud Act 2006 CHAPTER 35 CONTENTS

Fraud Act 2006 CHAPTER 35 CONTENTS Fraud Act 2006 CHAPTER 35 CONTENTS Fraud 1 Fraud 2 Fraud by false representation 3 Fraud by failing to disclose information 4 Fraud by abuse of position 5 Gain and loss 6 Possession etc. of articles for

More information

List of lawyers in Romania

List of lawyers in Romania List of lawyers in Romania Prepared by the British Embassy Bucharest www.gov.uk The following list of lawyers has been prepared by the British Embassy Bucharest for the convenience of British Nationals

More information

Selection and Use of Patient-Reported Outcome Measures The Role of Outside Consultants Janice Hogan, Partner, Hogan Lovells LLP

Selection and Use of Patient-Reported Outcome Measures The Role of Outside Consultants Janice Hogan, Partner, Hogan Lovells LLP Selection and Use of Patient-Reported Outcome Measures The Role of Outside Consultants Janice Hogan, Partner, Hogan Lovells LLP Tuesday, November 27, 2012 Key Topics for Consultants Selection of Instruments

More information

01/ 02/ 03/ 04/ 05/ Beyond borders Deloitte Discovery April 23 rd 2015 Cyprus 1 Going beyond borders to move our clients ahead Deloitte Discovery Services - Deloitte Legal 2 The Deloitte

More information

Pinsent Masons. Competition Law Dawn Raid Checklist & Guidelines. What to do in the first hour of a dawn raid

Pinsent Masons. Competition Law Dawn Raid Checklist & Guidelines. What to do in the first hour of a dawn raid Pinsent Masons Competition Law Dawn Raid Checklist & Guidelines What to do in the first hour of a dawn raid What to do in the first hour of a Competition Dawn Raid Checklist Action Point Done? The Officials

More information

Funding European business: What s the alternative? November 2014. www.allenovery.com

Funding European business: What s the alternative? November 2014. www.allenovery.com Funding European business: What s the alternative? November 2014 2 Funding European business: What s the alternative? November 2014 Allen & Overy LLP 2014 3 Contents Introduction 04 The survey findings

More information

Cuba Sanctions Update: Removal of Cuba from Terrorism List Will Result in Modest Easing of Trade Sanctions

Cuba Sanctions Update: Removal of Cuba from Terrorism List Will Result in Modest Easing of Trade Sanctions Cuba Sanctions Update: Removal of Cuba from Terrorism List Will Result in Modest Easing of Trade Sanctions A legal analysis prepared at the request of the Cuba Study Group 9 April 2015 By Stephen F. Propst,

More information

Opportunities for law graduates in Belfast

Opportunities for law graduates in Belfast Opportunities for law graduates in Belfast 2015 www.allenovery.com 2 Opportunities for law graduates in Belfast 2015 Allen & Overy LLP 2015 3 Contents Allen & Overy 04 Introducing the Legal Services Centre

More information

Crossing Borders New Guidance on the Transfer of Personal Data outside Hong Kong

Crossing Borders New Guidance on the Transfer of Personal Data outside Hong Kong Legal Update Privacy & Security Hong Kong 20 January 2015 Crossing Borders New Guidance on the Transfer of Personal Data outside Hong Kong Section 33 of the Hong Kong Personal Data (Privacy) Ordinance

More information

Covering aviation finance from every perspective

Covering aviation finance from every perspective AVIAtion finance practice Covering aviation finance from every perspective 2 Aviation Finance Practice Why Allen & Overy? A pre-eminent and award winning international aviation finance practice Our international

More information

Discovery in civil proceedings in Hong Kong

Discovery in civil proceedings in Hong Kong Discovery in civil proceedings in Hong Kong Further information If you would like further information on any aspect of this note, please contact a person mentioned below or the person with whom you usually

More information

Online Research and Investigation

Online Research and Investigation Online Research and Investigation This document is intended to provide guidance to police officers or staff engaged in research and investigation across the internet. This guidance is not a source of law

More information

Our European VAT practice

Our European VAT practice Our European VAT practice 2014 www.allenovery.com 2 Our European VAT practice 2014 Are you VAT aware? VAT is everywhere VAT, in the European Union, is a general, broadly based consumption tax assessed

More information

COLLINS FOODS LIMITED (the COMPANY) CODE OF CONDUCT

COLLINS FOODS LIMITED (the COMPANY) CODE OF CONDUCT COLLINS FOODS LIMITED (the COMPANY) CODE OF CONDUCT 1. Introduction The Company is committed to maintaining ethical standards in the conduct of its business activities. The Company's reputation as an ethical

More information

Theft, Fraud & Dishonest Employees. An Employee Fraud Case Study. Presented by Jon Coley, Partner, Employment

Theft, Fraud & Dishonest Employees. An Employee Fraud Case Study. Presented by Jon Coley, Partner, Employment Theft, Fraud & Dishonest Employees An Employee Fraud Case Study Presented by Jon Coley, Partner, Employment Case Study, Part 1 Brenda is a Deputy Finance Manager in the finance team covering holiday for

More information

The EU General Data Protection Regulation

The EU General Data Protection Regulation The EU General Data Protection Regulation 2016 2 The EU General Data Protection Regulation 2016 A new data protection landscape After over four years of discussion, the new EU data protection framework

More information

The Big Think. Social media: leading the way through the shades of grey. 1 June 2013. www.allenovery.com

The Big Think. Social media: leading the way through the shades of grey. 1 June 2013. www.allenovery.com The Big Think Social media: leading the way through the shades of grey 1 June 2013 2 The Big Think Social media: leading the way through the shades of grey 2013 Allen & Overy LLP 2013 3 The Big Think is

More information

Anti-bribery and Fraud Protection Policy

Anti-bribery and Fraud Protection Policy Anti-bribery and Fraud Protection Policy Dear Colleagues and Partners, Carbo One Limited is one of the largest coal trading companies in the market and the nature of its business requires interaction with

More information

Final text for the Amended EU Regulation on Insolvency proceedings

Final text for the Amended EU Regulation on Insolvency proceedings Final text for the Amended EU Regulation on Insolvency proceedings 1 Briefing note December 2014 Final text for the Amended EU Regulation on Insolvency proceedings The process to update and extend the

More information

DATA AND PAYMENT SECURITY PART 1

DATA AND PAYMENT SECURITY PART 1 STAR has teamed up with Prevention of Fraud in Travel (PROFiT) and the Fraud Intelligence Network (FIN) to offer our members the best advice about fraud prevention. We recognise the increasing threat of

More information

Microfinance and social investment. www.allenovery.com

Microfinance and social investment. www.allenovery.com Microfinance and social investment 2014 2 Microfinance and social investment 2014 These loans may appear small but can make such a difference to people for whom finance often seems out of reach. We are

More information

Program trading in China will be regulated

Program trading in China will be regulated Program trading in China will be regulated 1 Briefing note October 2015 Program trading in China will be regulated The significant drop in the value of China's stock market since June 2015 has prompted

More information

Merthyr Tydfil County Borough Council. Data Protection Policy

Merthyr Tydfil County Borough Council. Data Protection Policy Merthyr Tydfil County Borough Council Data Protection Policy 2014 Cyfarthfa High School is a Rights Respecting School, we recognise the importance of ensuring that the United Nations Convention of the

More information

Cyber security: A growing threat to the energy sector

Cyber security: A growing threat to the energy sector Cyber security: A growing threat to the energy sector An Australian perspective Contents What is a "cyber attack"? 2 The growing threat to the energy sector 2 The effects of a cyber attack in the energy

More information

Establishing a business

Establishing a business Establishing a business in Singapore legal guide Published November 2012 HERBERT SMITH FREEHILLS Establishing a business in Singapore 03 Introduction This guide provides an overview of common issues encountered

More information

Cybercrime: risks, penalties and prevention

Cybercrime: risks, penalties and prevention Cybercrime: risks, penalties and prevention Cyber attacks have been appearing in the news with increased frequency and recent victims of cybercrime have included well-known companies such as Sony, LinkedIn,

More information

On the edge Lexis PSL Restructuring & Insolvency

On the edge Lexis PSL Restructuring & Insolvency On the edge Lexis PSL Restructuring & Insolvency Data protection law for insolvency practitioners November 2014 Welcome to your third edition of On the edge, a series of guides highlighting a selection

More information

INTERNATIONAL EMPLOYMENT GROUP. Employment Services in Oman

INTERNATIONAL EMPLOYMENT GROUP. Employment Services in Oman INTERNATIONAL EMPLOYMENT GROUP Employment Services in Oman We continue to recommend them to others because of their strength in dealing with detail CHAMBERS GLOBAL 2015 10-5112821-9 0 Addleshaw Goddard's

More information

Discrimination at work. Part three: Protected characteristics and the perception-reality gap July

Discrimination at work. Part three: Protected characteristics and the perception-reality gap July Discrimination at work Part three: characteristics and the perception-reality gap July 2013 2 Discrimination at work characteristics and the perception-reality gap July 2013 About this report Discrimination

More information

Monitoring Employee Communications: Data Protection and Privacy Issues

Monitoring Employee Communications: Data Protection and Privacy Issues Monitoring Employee Communications: Data Protection and Privacy Issues By Anthony Sakrouge, Kate Minett, Daniel Preiskel and Jose Saras Reprinted from Computer and Telecommunications Law Review Issue 8,

More information

Class actions. www.allenovery.com

Class actions. www.allenovery.com Class actions 2011 2 Global class actions practice 2011 Allen & Overy LLP 2011 3 Class actions have risen substantially around the globe The number of major class actions being brought not only in the

More information

Working and ordinarily working in the UK

Working and ordinarily working in the UK Financial institutions Energy Infrastructure, mining and commodities Transport Technology and innovation Life sciences and healthcare Working and ordinarily working in the UK Briefing January 2015 Introduction

More information

France A.T. Kearney Foreign Direct Investment Confidence Index (FDICI)

France A.T. Kearney Foreign Direct Investment Confidence Index (FDICI) France 20 A.T. Kearney Foreign Direct Investment Confidence Index (FDICI) 20 A.T. Kearney FDI Confidence Index 20 2 6 4 0 20 Rankings 20 2 4 0 6 20 24 20 2 4 6 0 20 24 2 US China Canada Germany UK Japan

More information

2015 No. 0000 FINANCIAL SERVICES AND MARKETS. The Small and Medium Sized Businesses (Credit Information) Regulations 2015

2015 No. 0000 FINANCIAL SERVICES AND MARKETS. The Small and Medium Sized Businesses (Credit Information) Regulations 2015 Draft Regulations to illustrate the Treasury s current intention as to the exercise of powers under clause 4 of the the Small Business, Enterprise and Employment Bill. D R A F T S T A T U T O R Y I N S

More information