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United States: Something Fishy in the False Claims Act World

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New York lawmakers recently introduced two bills to expand the application of the New York State False Claims Act (“FCA”).  The first intends to require the FCA to apply to non-filers, the second to remove the scienter element (i.e., no longer imposing a “knowing” requirement).  Although both bills are retroactive and concerning, removing the scienter element should put all businesses on high alert as enforcement of the tax laws could now be in the hands of opportunistic whistleblowers and/or the New York State Office of the Attorney General (AG).

Australia: Duties and Liabilities of Directors of Australian Companies

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Baker McKenzie's Duties and Liabilities of Directors of Australian Companies is a comprehensive and timely guide for directors of Australian companies. Newly launched in September 2020,...

South Africa: Directors owe a duty to their company, not to shareholders, court finds

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The Supreme Court of Appeal in South Africa recently considered the concept of claims for reflective losses in South Africa, focusing on whether shareholders could hold directors liable, in terms of the Companies Act, 71 of 2008, for conduct which resulted in a decrease in the company's share price. John Bell, Partner, Rui Lopes, Associate, and Nothando Mthimkhulu, Candidate Attorney, in the Dispute Resolution Practice at Baker McKenzie in Johannesburg, explain the details and outcome of this case.

Global: Bite-size Briefings: Conflicts of interest and spread charges – a continuing focus for...

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A series of briefings that take a 'bite-size' look at international trends in different jurisdictions, drawing on Baker McKenzie's expert financial services practitioners.Global financial...

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.

Webinar Series (May 2020 to March 2021): The Baker McKenzie Investigations Series – Your...

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Investigation work is peppered with legal and practical issues for which often there is not one right answer. The circle of professionals in charge...

Back to the Future: Assessing Industrials’ Readiness for Change

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Will the lure of the past jeopardize the future of Industrials?Industrials are braced for yet another revolution. At the beginning of a new decade,...

Australia: ASIC Proposed Guidelines for Whistleblowing Policies

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ASIC released a consultation paper on 7 August 2019 seeking feedback for their proposed whistleblowing policy guidelines. The consultation paper and proposed guidelines are...

Australia: Looking over Defense – June 2019

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Click here to read publication. This edition of the newsletter examines topical issues relevant to the defence and space industries, including ethical considerations for artificial...

South Africa: Redesigning Legal Services in Africa

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Investors in Africa face an increasingly complex business environment, with numerous geopolitical and economic risks to consider, as well as having to comply with...
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