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Internal Investigations

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In Antitrust / Competition

Australia: The Ultimate Dilemma – put at risk immunity for cartel conduct, or waive privilege?

by , , and 3 Mins Read

In Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Ltd [2021] FCA 511, the Federal Court has handed down an important decision which highlights the dilemma that may be faced by an immunity applicant in complying with its duty to provide full, frank and truthful disclosure and to co-operate under the ACCC’s Immunity and Cooperation Policy for Cartel Conduct (ACCC Policy) and maintaining legal professional privilege over witness accounts provided to solicitors at an early stage in an investigation.

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In Canada

Canada: Expansion of mandatory disclosure rules proposed in Budget 2021

by 6 Mins Read

Canada’s Federal Budget 2021 (“Budget 2021”) proposes to expand the disclosure rules for certain transactions, which is in line with the measures recommended in the OECD’s Base Erosion and Profit Shifting Project, Action 12: Final Report (BEPS Action 12 Report).
The proposed expansion of mandatory disclosure rules contemplates: (i) changes to the Income Tax Act’s (ITA) existing reportable transaction rules; (ii) a new requirement to report notifiable transactions; (iii) a new requirement for specified corporations to report uncertain tax treatments; and (iv) an extension of the reassessment period in respect of transactions that are subject to the new disclosure rules and addition of penalties for failure to comply.

In Internal Investigations

United States: This Week in Government Enforcement (Video Chat)

by 6 Mins Read

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. This week’s discussion will cover: “First Voluntary Self-Disclosure of Sanctions and Export Violations Leads to Settlement between Software Company and DOJ,” and “The Sudden Resignation of SEC Enforcement Director Alex Oh: What is Next For SEC Enforcement?”

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In Anti-Corruption

International: The dawn of global hybrid dawn raids

by , , , and 6 Mins Read

This alert provides a snapshot on how authorities have adjusted their dawn raid practice and procedures to handle unannounced inspections during lockdowns, and what you need to do to adjust your internal dawn raid procedures to a “hybrid” work environment in which staff split their time between the office and home.

In Asia-Pacific

Asia Pacific: The Future of Disputes: Asia Pacific

by , and 2 Mins Read

In the first episode, Nandakumar Ponniya, chair of the Asia Pacific Dispute Resolution Group, Cynthia Tang, head of the Hong Kong Dispute Resolution team, and Yoshiaki Muto, head of Tokyo’s Dispute Resolution team, discuss developments in commercial litigation around four key areas: (1) technology, (2) mediation, (3) international commercial courts, and (4) class actions in Asia Pacific.

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