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UK’s ‘Failure to Prevent Fraud’ Offence Takes Effect
On Sept. 1, 2025, the UK’s new ‘Failure to Prevent Fraud’, introduced by the Economic Crime and Corporate Transparency Act (ECCTA), takes effect, representing a decisive shift in corporate criminal liability. For legal and compliance teams, the challenge is moving from reactive response to proactive prevention, backed by demonstrable procedures.
The legislation casts a deliberately wide net. Liability can be engaged where fraud is committed by any ‘associated person’ — employees, subsidiaries, agents or anyone else performing services on behalf of a large organization — provided the organization or, in some cases, a client, was intended to benefit. The only defense is to show that ‘reasonable procedures’ were in place to prevent the fraud.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.