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Omar Qureshi

Partner
Head of Corporate Crime

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English
Corporate Crime, Compliance and Forensics

Omar Qureshi is a partner and Head of Corporate Crime.

Omar is instructed by clients to help them manage their most sensitive and critical matters. He specialises in advising clients on corporate crime issues, including conducting internal and external investigations and litigation, as well as advising on compliance matters. He also defends and assists clients in negotiating resolutions with prosecuting authorities, regulators and multilateral development banks.

Omar is listed in Who’s Who Legal 2018: Thought Leaders - Investigations as being among the world’s leading investigations lawyers. He is also recognised in the Fraud – Corporate Crime section of Legal 500 and the Financial Crime section of Chambers & Partners. He regularly speaks and writes on corruption issues.

He is responsible for the CMS Guide to Anti-bribery & Corruption.

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Clients say: “Omar has a rapid ability to understand our commercial mindset on each matter”; “His attention to detail and presentation are exceptional”; “fantastic, very smooth, very calm, very thorough and very intelligent”.

“The ‘calm and incredibly thoughtful' Omar Qureshi leads up the department at CMS, which is praised for its ‘internal investigation skills'” – Corporate crime (including fraud, bribery and corruption)

Legal 500, 2014

"develops creative solutions"

Legal 500, Commercial Litigation, 2015

Recognised Practitioner

Chambers, Financial Crime: Corporates and Financial Crime, 2015.

Relevant experience

Investigations

  • R v Skansen Interiors Ltd (2018) – acting for the defendant on the first ever contested prosecution for bribery under section 7 Bribery Act.
  • An AIM-listed IoT company in investigating press allegations concerning the CEO and market abuse, including conducting internal investigations into the allegations and liaising with the relevant regulatory authorities.
  • A UK-based construction group on investigating and self-reporting allegations of bribery and fraud concerning an acquired business discovered post-acquisition and handling the civil claims arising from the allegations.
  • A global financial institution on an internal investigation on the causes of significant accounting errors relating to the US GAAP treatment of payments and receivables over a number of years.
  • An international projects contractor in negotiating with multilateral development banks following allegations of improper conduct in relation to the successful tender for a major power plant project financed by those banks.
  • A global pharmaceutical company on investigating and responding to whistleblower allegations made to relevant UK regulators and authorities.
  • A global pharmaceutical company regarding internal whistleblower allegations of unethical practices concerning marketing practices relating to the global launch of a new drug product.
  • An AIM listed energy business on investigating allegations of bribery in an overseas subsidiary concerning the subsidiary’s tax liabilities.
  • A global technology and communications company on, and conducting internal investigations regarding, allegations of improper conduct involving public officials and in structuring a major transaction to avoid corruption risks.
  • An international construction business in investigating allegations of inappropriate gifts and hospitality to win business in the Middle East.
  • A property portfolio owner, developer and manager on an internal investigation concerning concerns of bribery and fraud by a senior executive and handling the employment issues arising from the same.
  • A UK headquartered media business on an internal investigation into, and money laundering issues arising from, anonymous whistleblower allegations concerning a major contract won by an overseas subsidiary.
  • A global publisher on internal and external investigations into improper payments made in connection with a World Bank sponsored education project in Africa and advising on settlement negotiations with World Bank and other authorities regarding the same.
  • A defence company on an internal investigation into anonymous whistleblower allegations of fraud and corruption relating to a major public sector construction project.

Compliance

  • A European online retailer on developing appropriate anti-bribery and anti-money laundering controls in connection with the sale of luxury items to online customers.
  • A UK-headquartered multi-national leisure industry client in conducting a risk assessment and developing policies to mitigate the risk of bribery and corruption across the global business.
  • An international hotels group on developing its global anti-corruption controls, including conducting risk assessments and developing policies and procedures.
  • A national sporting body on developing its anticorruption controls, including risk assessments, policies and procedures, contractual protections and training for senior management and front-line staff.
  • A Postal services operator in an “expert” capacity, to oversee the development and implementation of anti-bribery controls.
  • A global oil and gas services provider in conducting an anti-corruption risk assessment, implementing due diligence processes and related policies and procedures in light of the Bribery Act 2010.
  • An international manufacturer and distributor on drafting an anti-bribery policy capable of implementation on a global basis, including engaging with our CMS offices in Belgium, Czech Republic and Germany, as the client had identified these jurisdictions as posing particularly high risks to their business.
  • A UK-headquartered global media company on governance improvements in light of the Bribery Act 2010, following a risk review of a specific overseas subsidiary arising from governance concerns.
  • A global telecommunications company on reviewing ethics and compliance policies and procedures as part of an effectiveness monitoring and review exercise and advising on improvements in light of failings discovered over time.
  • 50+ clients on compliance-related issues, including developing policies and procedures to combat bribery and other criminal wrongdoing.
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Education

  • 1998 – Legal Practice Certificate, College of Law, London
  • 1997 – Diploma in Law, College of Law, London
  • 1995 – BA (Hons) Oxon, P.P.E., Magdalen College, Oxford University
  • Certificate in Higher Courts criminal and civil advocacy, College of Law, London
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Memberships

  • Member, City of London Law Society Corporate Crime and Corruption Committee
  • Member, Commercial Fraud Lawyers Association
  • Member, IBA Anticorruption Committee
  • Member, ICC Anticorruption committee
  • Member, FCPA / Anti-Corruption Sub-Committee of the American Bar Association’s Business Law Section, White Collar Crime Committee
  • Member, LCIA
  • Member, YIAG
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Publications

  • Omar has been published and quoted in various articles in the broadsheet and national press (The Independent, Financial Times, Reuters, City AM and Evening Standard) and specialist legal publications, including Fraud Watch, Fraud Intelligence, Risk & Compliance, Asian Legal Business and China Daily.
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Lectures list

  • Omar regularly speaks and writes on dispute resolution and corruption issues.
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Dispute Resolution

Omar is partner in the Dispute Resolution Team.

He joined CMS in 1998 and became a partner in 2008. He advises on all aspects of disputes and risks issues, including domestic and international litigation and arbitration under various rules and regimes (including ad hoc, ICC, LCIA, GAFTA, FOSFA, ad hoc).

His experience stretches across a variety of industries, in particular, telecoms, media, oil and gas, financial services and life sciences & healthcare. Much of his international arbitration work relates to disputes in the CIS and CEE region.

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Clients say: “Omar has a rapid ability to understand our commercial mindset on each matter”; “His attention to detail and presentation are exceptional”; “fantastic, very smooth, very calm, very thorough and very intelligent”.

“The ‘calm and incredibly thoughtful' Omar Qureshi leads up the department at CMS, which is praised for its ‘internal investigation skills'” – Corporate crime (including fraud, bribery and corruption)

Legal 500, 2014

"develops creative solutions"

Legal 500, Commercial Litigation, 2015

Recognised Practitioner

Chambers, Financial Crime: Corporates and Financial Crime, 2015.

Relevant experience

Litigation

  • The Start-up Loans Company –v- Ariadne Capital [2015] EWHC 2595 – successfully pursuing proceedings against a delivery partner and defending a counterclaim for alleged breach of contract and duty arising from the non-renewal of the relationship after their failure to meet their contractual minimum loan criteria
  • An outsourced services provider – advising on potential claims and an eventual settlement following termination by a Government department of a UK-wide contract for the provision of public services
  • A global IT solutions provider – advising on claims and eventual settlement following a dispute concerning the construction and effectiveness (and competition-related ramifications) of a restrictive covenant on future business operations
  • A global IT solutions provider – advising on the defence of claims in respect of a contract to provide a non-managed software solution to a UK health trust concerning online medical records
  • Fiona Trust & Holding Co & ors v Yuri Privalov & ors/Intrigue Shipping Inc & ors v H Clarkson & ors – defending claims of more than $700m by Russia’s largest State-owned shipping companies, involving allegations of a fraudulent conspiracy to defraud the claimants through secret commissions and bribes and the sale of vessels at an undervalue 
  • An online marketmaker on remedies for breach of an undertaking given in enforcement proceedings and successfully pursuing contempt of court application. 
  • A leading independent private bank in respect of termination rights for material and other breaches of a contract for the provision of hosted voice call recording services/ telephone banking services 
  • International pharmaceutical company – Advising on contractual issues and litigation strategy arising on termination of an exclusive European distribution agreement. 
  • Multinational distributor of pharmaceutical, food and chemical products – Advising on a contractual dispute concerning the alleged wrongful termination of an exclusive distribution agreement for vitamin products in Europe, which also involved competition law issues and ensuring the continuing supply of products to the client pending resolution of the dispute.

Arbitration

  • A private equity house in multi-party and multi-ICC arbitration proceedings (under various laws) commenced by a State body for alleged breach of a privatization agreement and anti-embarrassment agreement in the telecoms sector 
  • A oil and gas services provider in defending LCIA proceedings arising from a failed lifting operation concerning an offshore platform
  • A European subsidiary of a US-based steel manufacturing group in ICC arbitration proceedings brought by its previous exclusive sales agent in multiple jurisdictions for damages arising from the termination of the relationship.
  • A State body in LCIA arbitration proceedings against a private company for breach of a multi-property lease agreement.
  • A Property fund in disputes governed by ICC arbitration concerning breach of a share purchase agreement for a staged purchase of SPV commercial property-holding companies in Eastern Europe, also involving allegations of breaches of ancillary agreements and procuring a breach of contract.
  • An Eastern European steel manufacturer in ICC arbitration proceedings brought by a UK trader under a contract (and approximately 300 separate sub-contracts) for the supply/sale of raw materials and steel products, including allegations of fraud (against both parties and their managers, various banking institutions and a foreign state), breach of export controls and bribery.
  • An international oil company in an LCIA arbitration brought by a Norwegian charter company concerning an alleged breach of contract relating to the hire and damage of a drill ship.
  • An international oil company in an arbitration commenced under the Norwegian Law on Arbitration against a provider of engineering and constructions services, in respect of alleged breaches of an EPCIC contract for the delivery of a fixed offshore oil platform.
  • A gas pipeline JV on various ICC governed disputes (including liquidated damages and performance bond issues) arising under an EPC turnkey contract for the delivery of two sub-sea gas pipelines.
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Education

  • 1998 – Legal Practice Certificate, College of Law, London
  • 1997 – Diploma in Law, College of Law, London
  • 1995 – BA (Hons) Oxon, P.P.E., Magdalen College, Oxford University
  • Certificate in Higher Courts criminal and civil advocacy, College of Law, London
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Memberships

  • Member, City of London Law Society Corporate Crime and Corruption Committee
  • Member, Commercial Fraud Lawyers Association
  • Member, IBA Anticorruption Committee
  • Member, ICC Anticorruption committee
  • Member, FCPA / Anti-Corruption Sub-Committee of the American Bar Association’s Business Law Section, White Collar Crime Committee
  • Member, LCIA
  • Member, YIAG
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Publications

  • Omar has been published and quoted in various articles in the broadsheet and national press (The Independent, Financial Times, Reuters, City AM and Evening Standard) and specialist legal publications, including Fraud Watch, Fraud Intelligence, Risk & Compliance, Asian Legal Business and China Daily.
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Lectures list

  • Omar regularly speaks and writes on dispute resolution and corruption issues.
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Judicial Review

Omar Qureshi joined CMS in 1998 and became a partner in 2008.

He advises clients in the energy, telecoms and life sciences & healthcare sectors on public law matters, including representing clients in judicial review challenges as challenger and/or interested party.

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Clients say: “Omar has a rapid ability to understand our commercial mindset on each matter”; “His attention to detail and presentation are exceptional”; “fantastic, very smooth, very calm, very thorough and very intelligent”.

“The ‘calm and incredibly thoughtful' Omar Qureshi leads up the department at CMS, which is praised for its ‘internal investigation skills'” – Corporate crime (including fraud, bribery and corruption)

Legal 500, 2014

"develops creative solutions"

Legal 500, Commercial Litigation, 2015

Recognised Practitioner

Chambers, Financial Crime: Corporates and Financial Crime, 2015.

Relevant experience

  • Acting for a generator in a potential judicial review challenge of the NI energy regulator’s decisions relating to the generator’s request for a derogation from certain regulatory requirements, and achieving a favourable outcome for the client.
  • Bayer Plc/ Novartis Pharmaceuticals UK Ltd v NHS Darlington CCG & Others v [2018] EWHC 2465 – advising industry body as an interested party in judicial review challenge and appeal of CCGs policy to prefer prescribing an unlicensed product in preference to licenced products, on grounds of cost alone.
  • A generator business in judicial review proceedings concerning proposed changes to the Transport Network Use of System charges methodology
  • UK Power Networks as an interested party in a judicial review claim concerning GEMA’s decision on the outcome of the Distribution Losses Incentive Mechanism for the fourth distribution price control.
  • Oxford Cambridge & RSA Examinations as an interested party in the judicial review proceedings concerning the June 2012 English GCSE grading.
  • A member of an energy consortium on its ability to judicially review a government auction process relating to the disposal of sites for the future development of nuclear power stations.
  • A leading energy company in relation to proposed changes to the eligibility criteria regarding the availability of renewable obligation certificates for offshore wind farms and the potential judicially to review the relevant body's decision.
  • NIE in connection with a judicial review application by AES Kilroot Power Limited against the Northern Ireland regulator's (NIAUR) decision to cancel generating unit agreements.
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Education

  • 1998 – Legal Practice Certificate, College of Law, London
  • 1997 – Diploma in Law, College of Law, London
  • 1995 – BA (Hons) Oxon, P.P.E., Magdalen College, Oxford University
  • Certificate in Higher Courts criminal and civil advocacy, College of Law, London
more less

Memberships

  • Member, City of London Law Society Corporate Crime and Corruption Committee
  • Member, Commercial Fraud Lawyers Association
  • Member, IBA Anticorruption Committee
  • Member, ICC Anticorruption committee
  • Member, FCPA / Anti-Corruption Sub-Committee of the American Bar Association’s Business Law Section, White Collar Crime Committee
  • Member, LCIA
  • Member, YIAG
more less

Publications

  • Omar has been published and quoted in various articles in the broadsheet and national press (The Independent, Financial Times, Reuters, City AM and Evening Standard) and specialist legal publications, including Fraud Watch, Fraud Intelligence, Risk & Compliance, Asian Legal Business and China Daily.
more less

Lectures list

  • Omar regularly speaks and writes on dispute resolution and corruption issues.
more less
02/06/2016
CMS Cor­por­ate Crime Con­fer­ence Re­port
On 15th April 2016, CMS hos­ted a con­fer­ence on In­ter­na­tion­al Cor­por­ate Crime, bring­ing to­geth­er key fig­ures from glob­al busi­ness, aca­demia, law en­force­ment and reg­u­la­tion. The event covered a broad range of top­ics on cor­por­ate crime from the latest aca­dem­ic re­search on eth­ics, en­force­ment and de­terrence, to con­sid­er­a­tions of leg­al priv­ilege across in­ter­na­tion­al jur­is­dic­tions and build­ing glob­al com­pli­ance pro­grammes in multi-na­tion­al in­sti­tu­tions. This re­port provides a brief­ing on the key top­ics dis­cussed dur­ing the day.
03/04/2016
CMS Guide to Anti-Bribery and Cor­rup­tion Laws
We are de­lighted to present the fourth edi­tion of the CMS Guide to Anti-Bribery and Cor­rup­tion Laws. Since the last edi­tion was pub­lished in 2014, there have been sig­ni­fic­ant changes to the glob­al anti-cor­rup­tion land­scape. Many of the coun­tries covered in the fol­low­ing pages have up­dated, strengthened and widened the scope of their anti-cor­rup­tion laws.This edi­tion of the Guide as­sesses the laws in over 60 of­fices glob­ally and in­cludes full cov­er­age of the BRIC na­tions, as well as in­creased cov­er­age in Asia (Singa­pore, Thai­l­and, Malay­sia and In­done­sia), the Middle East (the UAE and Le­ban­on) and South Amer­ica (Mex­ico). This edi­tion also in­cludes cov­er­age of Tur­key.We are very grate­ful to Khait­an & Co., the lead­ing In­di­an law firm with of­fices in Mum­bai, New Del­hi, Kolk­ata and Ban­galore, for their con­tin­ued con­tri­bu­tion to the Guide. We are also very grate­ful to Ra­jah & Tann Asia (a transna­tion­al law firm, with of­fices across Asia) for con­trib­ut­ing chapters on Singa­pore, Thai­l­and, Malay­sia and In­done­sia. We con­tin­ue to work closely with both firms in their re­gions.Since the last edi­tion of the Guide, tales of cor­rup­tion have been al­most a daily oc­cur­rence in the glob­al press – with the Ar­ab Spring (in part a mass re­sponse to cor­rup­tion), FIFA and Brazili­an “Car Wash” scan­dals to name but a few, high­light­ing that cor­rup­tion can ex­ist in many forms across many in­dus­tries, sec­tors and jur­is­dic­tions, some­times op­er­at­ing un­checked for many years at huge cost and harm. With un­pre­ced­en­ted levels of press and pub­lic scru­tiny, coupled with an ever-harden­ing at­ti­tude to­wards cor­rup­tion, it is un­sur­pris­ing that many coun­tries are strength­en­ing their ex­ist­ing laws and en­force­ment mech­an­isms and in­creas­ing the po­ten­tial sanc­tions for wrong­do­ing, in an at­tempt to de­ter un­eth­ic­al be­ha­viour.As an ex­ample, the Neth­er­lands un­der­took a ma­jor re­vi­sion of its anti-cor­rup­tion law in 2015, res­ult­ing in a widen­ing of the ex­ist­ing of­fences (e.g. to cap­ture a prom­ise of a bribe, wheth­er or not ful­filled) and an in­crease to the max­im­um pen­al­ties that can be im­posed (up to eight years’ im­pris­on­ment for in­di­vidu­als in some cases). We have also seen sim­il­ar re­forms in Por­tugal, where the mere at­tempt to give or prom­ise of an im­prop­er be­ne­fit is now suf­fi­cient to trig­ger crim­in­al li­ab­il­ity. In Ukraine, the law has been re­formed to per­mit cor­por­ate li­ab­il­ity for cor­rup­tion of­fences, where pre­vi­ously only in­di­vidu­als could be li­able.Of the 26 coun­tries covered by the pre­vi­ous edi­tion of the Guide, at least five have un­der­taken sig­ni­fic­ant re­forms of their anti-cor­rup­tion laws since 2014 (the Neth­er­lands, Por­tugal, Ro­mania, Switzer­land and Ukraine), with a fur­ther nine coun­tries hav­ing in­creased the pen­al­ties avail­able for breaches (Croa­tia, Czech Re­pub­lic, France, Italy, the Neth­er­lands, Por­tugal, Ro­mania, Slov­akia and Slov­e­nia).As for the new coun­tries covered, it is in­ter­est­ing to see the dif­fer­ent ap­proaches taken, even with­in re­gions, to com­batting cor­rup­tion. For ex­ample, in Asia (In­done­sia, Malay­sia, Singa­pore and Thai­l­and), only one of the coun­tries covered (Singa­pore) crim­in­al­ises private sec­tor bribery and the pen­al­ties across the rel­ev­ant coun­tries range sig­ni­fic­antly from a max­im­um of five years’ im­pris­on­ment (for a bribe-pay­er in Thai­l­and) to life im­pris­on­ment (for a pub­lic of­fi­cial re­cip­i­ent in In­done­sia) or the death pen­alty (for a pub­lic of­fi­cial re­cip­i­ent in Thai­l­and).On the oth­er hand, the UAE and Le­ban­on are much more closely aligned in their ap­proach – both have pub­lic and private sec­tor bribery of­fences (al­beit that the scope of the private sec­tor of­fences are less ex­tens­ive than those ap­plic­able to the pub­lic sec­tor). Both coun­tries also provide a de­fence where the bribe-pay­er no­ti­fies the au­thor­it­ies of the bribe be­fore it oth­er­wise comes to their at­ten­tion.

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1 June 2020
The Ver­dict
Wel­come to the Spring/Sum­mer 2020 edi­tion of the Ver­dict, an at-a-glance round-up of re­cent leg­al de­vel­op­ments in re­la­tion to cor­por­ate crime. In this is­sue, the spot­light is on the over­haul of crim­in­al sen­ten­cing in Monaco com­ing in­to force in May 2020.
15 May 2020
CMS Ex­pert Guide to COV­ID-19 Cor­por­ate Crime & Reg­u­lat­ory Is­sues
25 May 2020
Private pro­sec­u­tions: The be­gin­ning of the end for Nor­wich Phar­mac­al re­lief?
Back­ground Burford Cap­it­al Lim­ited (“Burford”), a lit­ig­a­tion fun­der, is lis­ted on the Lon­don Al­tern­at­ive In­vest­ment Mar­ket (“AIM”) (a wholly owned sub­si­di­ary of the Lon­don Stock Ex­change) (the...
28 April 2020
Key con­sid­er­a­tions for con­duct­ing in­tern­al in­vest­ig­a­tions re­motely
This guide ex­plores the key prac­tic­al and leg­al is­sues that in­vest­ig­at­ors should have in mind when car­ry­ing out their work on in­tern­al in­vest­ig­a­tions re­motely in­clud­ing plan­ning, priv­ilege, in­ter­views and em­ploy­ment rights, data gath­er­ing and pro­tec­tion a
09 April 2020
Latest UWO judg­ment shows that the checks and bal­ances built in­to the pro­cess...
In an in­ter­est­ing and im­port­ant judg­ment, on 8 April 2020, Lang J gran­ted the ap­plic­a­tions of the re­spond­ents in NCA v An­drew Baker, Villa Magna Found­a­tion and oth­ers [2020] EWHC 822 (Ad­min) to dis­charge...
9 April 2020
Rene­go­ti­at­ing or can­cel­ling com­mer­cial ar­range­ments in light of COV­ID-19
Rene­go­ti­at­ing or can­cel­ling com­mer­cial ar­range­ments in light of COV­ID-19. Read this Coronavir­us pa­per from CMS now.
17 February 2020
SFO enters in­to its sev­enth DPA with Air­bus as part of €3.6bn Glob­al Res­ol­u­tion...
On 31 Janu­ary 2020, Dame Vic­tor­ia Sharp, Pres­id­ent of the Queen’s Bench Di­vi­sion, ap­proved a de­ferred pro­sec­u­tion agree­ment (“DPA”) worth €991 mil­lion between the Ser­i­ous Fraud Of­fice (“SFO”)...
November 2019
The Ver­dict
Wel­come to the Spring 2019 edi­tion of the Ver­dict, an at-a-glance round-up of re­cent leg­al de­vel­op­ments in re­la­tion to cor­por­ate crime.
05 February 2020
SFO’s new “ad­equate pro­ced­ures” guid­ance: an op­por­tun­ity missed?
On 17 Janu­ary 2020, the Ser­i­ous Fraud Of­fice (“SFO”) pub­lished new in­tern­al guid­ance to as­sist its staff in eval­u­at­ing an or­gan­isa­tion’s com­pli­ance pro­gramme as part of an in­vest­ig­a­tion and as­sess­ing...
June 2018
CMS Guide to Anti-Bribery and Cor­rup­tion Laws
We are de­lighted to present the fifth edi­tion of the CMS Guide to Anti-Bribery and Cor­rup­tion Laws. This edi­tion of the Guide cov­ers more coun­tries than ever be­fore, as­sess­ing the laws in 42 coun­tries. We in­clude full cov­er­age of the BRIC na­tions, as well
13 January 2020
SFO suc­cess­fully con­cludes its sixth DPA, but all re­lated in­di­vidu­als are...
On 22 Oc­to­ber 2019, Dav­is J ap­proved a de­ferred pro­sec­u­tion agree­ment (“DPA”) between the Ser­i­ous Fraud Of­fice (“SFO”) and Güralp Sys­tems Ltd (“GSL”). This is the sixth DPA con­cluded by the...
4 December 2017
Ker­nel: Winter Edi­tion
Wel­come to the second edi­tion of Ker­nel, our Scot­land food and drink bul­let­in. In Ker­nel, we ex­am­ine cur­rent leg­al is­sues af­fect­ing the Scot­tish food and drink in­dustry and provide bites­ize art­icles on key de­vel­op­ments.