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United States: This Week in Government Enforcement

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Please join us for a new weekly video series, hosted by Baker McKenzie's North America Government Enforcement partners Tom Firestone and Jerome Tomas.This weekly briefing is available on demand and will cover hot topics and current enforcement actions related to white collar crime and criminal investigations in the US and abroad to arm you with the information you need to start your business week.As one of the largest global law firms, we will call upon our exceptionally deep and broad bench of white collar experts throughout the world and particularly in the commercial hubs of Europe, Asia, Africa and Latin America to join our weekly discussion series.

United States: This Week in Government Enforcement

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Please join us for a new weekly video series, hosted by Baker McKenzie's North America Government Enforcement partners Tom Firestone and Jerome Tomas.This weekly briefing is available on demand and will cover hot topics and current enforcement actions related to white collar crime and criminal investigations in the US and abroad to arm you with the information you need to start your business week.As one of the largest global law firms, we will call upon our exceptionally deep and broad bench of white collar experts throughout the world and particularly in the commercial hubs of Europe, Asia, Africa and Latin America to join our weekly discussion series.

United States: This Week in Government Enforcement

0
Please join us for a new weekly video series, hosted by Baker McKenzie's North America Government Enforcement partners Tom Firestone and Jerome Tomas.This weekly briefing is available on demand and will cover hot topics and current enforcement actions related to white collar crime and criminal investigations in the US and abroad to arm you with the information you need to start your business week.As one of the largest global law firms, we will call upon our exceptionally deep and broad bench of white collar experts throughout the world and particularly in the commercial hubs of Europe, Asia, Africa and Latin America to join our weekly discussion series.

United Kingdom: Teacher suspected of possession of indecent images was unfairly dismissed

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An employee who was dismissed as a result of having been charged with a criminal offence was unfairly dismissed. The employer had invited him to attend a disciplinary hearing on a matter of misconduct, but was unable to decide whether the employee had committed the offence. Finding that they were unable to rule out the possibility that he had, the employer then dismissed him for a different reason -  the risk of reputational damage if it became known that it had continued to employ him. The dismissal was both procedurally and substantively unfair.
Munich, Germany

Germany: Another Million Euro Fine under the GDPR in Germany – What does it...

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The Hamburg Commissioner for Data Protection and Freedom of Information ("Hamburg DPA") imposed a 35.5 million Euro fine on a global fashion company's subsidiary in Germany for violations of the GDPR. This million Euro fine is the highest fine known in Germany so far.

United Kingdom: No breach of right to privacy when police force used WhatsApp messages...

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The Inner House of the Court of Session in Scotland has upheld a decision that the Police force did not breach its officers' rights to privacy when it brought disciplinary proceedings against them based on messages from two private WhatsApp chat groups they were members of. The messages were discovered on a colleague's phone during an unrelated criminal investigation. The Court ruled that the officers did not have a reasonable expectation of privacy in the messages taking into account its inappropriate content and the fact that the officers were bound by professional conduct rules which they had clearly breached. The Court made clear that it considered that the standards and regulatory framework to which police officers are subject put them in a different category from ordinary members of the public; the usefulness of this judgment to employers is likely limited to situations where the regulatory backdrop has reduced expectations of privacy. Ordinary employees who are not subject to the same degree of professional conduct standards will have a higher expectation of privacy.

Mexico: How to be Prepared for a Tax Audit

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Recently, Mexican tax authorities have not only been increasing the number of tax audits conducted to review the due compliance with tax obligations, but they have also been more aggressive using new tools to secure higher collection in taxes.

United States: United States v. Sanmina – Ninth Circuit imposes narrow work product waiver

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In United States v. Sanmina Corp. & Subsidiaries, No. 18-17036, 2020 U.S. App. LEXIS 24936 (9th Cir. Aug. 7, 2020 ), the Ninth Circuit embraced the D.C. Circuit's decision in United States v. Deloitte LLP, 610 F.3d 129 (D.C. Cir. 2010) confirming that the disclosure of a work product to certain third parties, like a law firm providing valuation services or an independent auditor, does not waive protection. The Ninth Circuit's holding should give some comfort to taxpayers wondering where the Ninth Circuit comes down in the split between Textron and Deloitte, as described below. As also described below, the Ninth Circuit's analysis of implied waiver provides guidance to taxpayers defending work product claims during an audit and in litigation.

Singapore: High Court sets out new sentencing framework for public sector corruption involving agents

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In a recent appeal before the Honourable Chief Justice Sundaresh Menon involving two individuals who had participated in public sector corruption (Public Prosecutor v Wong Chee Meng and another appeal [2020] SGHC 144), the High Court set out a new sentencing framework for corrupt transactions which take place in relation to contracts with the Government or public bodies under s 6 read with s 7 of the Prevention of Corruption Act (Cap 241) (the PCA).

United States: Supreme Court confirms SEC’s right to obtain disgorgement but…it’s complicated

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While the SEC may seek disgorgement, it may not, under the guise of disgorgement, seek a remedy beyond traditional equitable principlesIn a much anticipated ruling, the United States Supreme Court held today in Liu v. Securities and Exchange Commission that a disgorgement award that does not exceed a wrongdoer’s net profits and is awarded for “the benefit of investors” is “equitable relief” permissible under 15 U. S. C. §78u(d)(5).[1] In reaching its decision, the Court analyzed categories of relief “typically available in equity,” concluding that “equity practice [has] long authorized courts to strip wrongdoers of their ill-gotten gains.”[2]  However, in vacating the decision of the Ninth Circuit Court of Appeals and remanding for further proceedings, the Court left open the questions of whether disgorgement awards not paid to victims can be consistent with the statutory requirement that such a remedy be imposed “for the benefit of investors,” and whether concepts of equity contemplate any circumstance under which a joint-and-several award of disgorgement would be appropriate.
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