Deferred prosecution agreements have long been a part of the U.S. criminal enforcement environment, but they are relatively new in the United Kingdom. In addition, as the U.K. has begun to adopt the use of deferred prosecution agreements, it has adopted the agreements to its own system and legal requirements. In the following guest post, Francis Kean of Willis Towers Watson takes a look at a recent U.K. deferred prosecution agreement, relating to bribery allegations involving a U.K.-based subsidiary of a U.S. company. Francis notes a number of interesting features of the agreement and discusses its implications. Francis’s article previously appeared on the Willis Towers Watson Wire blog (here). I would like to thank Francis for his willingness to publish his article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Francis’s article.
Continue Reading Guest Post: U.S. Parent Company Enters U.K.-Style Deferred Prosecution Agreement for Bribery
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Global Litigation Trend Lines Converge in Massive U.K. Collective Action Competition Claim Against MasterCard
There have been few more powerful forces acting recently on the litigation environment around the world than third-party litigation financing. The recent rise of litigation funding, often accompanied by the active involvement of U.S. law firms, is changing the face of litigation in numerous countries. The collective action to be filed against MasterCard later this summer in the U.K. by U.S. law firm Quinn Emanuel, in an initiative being financed by Chicago-based litigation funding firm Gerchen Keller Capital LLC, is the latest and highest profile example of this trends. Indeed, the anticipated MasterCard action in some ways reflects the coming together of many of the important global litigation trends, as discussed below. The Quinn Emanuel law firm’s July 2016 press release about the planned lawsuit can be found here. Julie Triedman’s July 6, 2016 American Lawyer article entitled “Quinn Emanuel, Litigation Funder Team Up for Landmark $25B MasterCard Fight” can be found here.
Continue Reading Global Litigation Trend Lines Converge in Massive U.K. Collective Action Competition Claim Against MasterCard
A New U.K. Class Action Litigation Wave?
Is collective action litigation in the U.K. about to get a significant boost? That is the question many are asking as the new collective action regime introduced by the Consumer Rights Act of 2015 goes into effect on October 1, 2015. The Act’s provisions facilitate collective proceedings for competition law breaches before the Competition Appeal Tribunal (the CAT), by granting the CAT the power to grant collective proceedings orders and to grant collective settlement orders. As discussed in a September 30, 2015 memo from the Allen & Overy law firm (here), these changes have raised concerns that the new regime will “lead to a surge of U.S.-style class actions in the U.K.”
Continue Reading A New U.K. Class Action Litigation Wave?