This post is about internet censorship. That, ironically, is a prohibited topic under China’s rapidly expanding censorship regime. Because I’ll talk about SEC registrants who warn investors about China’s internet censorship as a risk factor, that’ll likely add to the illegality.… Continue Reading
Posts Tagged: Human Rights
Leaks of offshore corporate records have gained enormous popularity and continue to grow in scope and scale. The Pandora Papers, Paradise Papers, Bahamas Leaks, and Panama Papers have triggered investigations into kleptocrats, oligarchs, and public officials who failed to disclose their assets.… Continue Reading
As governments cope with massive disruption to every aspect of life, businesses are struggling to maintain solvency, putting pressure on their remaining workforces and suppliers. Tensions are rising in numerous countries.… Continue Reading
As noted in the prior post, there are no formal legal defenses available when a company violates the Gross Human Rights Abuse provisions of the Criminal Finances Act. How, then, should companies deal with allegations that they’ve committed violations?… Continue Reading
The most important thing for a company to remember when dealing with the Gross Human Rights Abuse provisions of the Criminal Finances Act is that they appear to be designed as a strict liability regime with no statutory defenses available.… Continue Reading
The UK’s Criminal Finances Act, a new law that expands remedies for UK prosecutors to use against gross human rights abuses, also targets activity “connected to” gross human rights abuses.
Activity “connected to” gross human rights abuses includes: directing or sponsoring, profiting from, materially assisting, or acting as an agent in connection with, the commission of gross human rights abuses.… Continue Reading
The arguments for prosecuting grand corruption at the International Criminal Court as a crime against humanity are persuasive.
What is the responsibility and possible criminal liability of companies and their officials relating to human right violations allegedly committed abroad?
Should a CEO for example step down when a violation of financial or other conduct rules has occurred, which may even make the corporation complicit in terrorism financing or war crimes?… Continue Reading
The National Law University in Jodhpur, India, with the support of the American Society of International Law’s Anti-Corruption Law Interest Group, will be hosting a workshop on corruption and human rights on July 13-14, 2017 in Jodhpur.… Continue Reading
Until a few years ago, corporate decision-makers often worried that knowledge about their company’s human rights impacts may increase risks of litigation, prosecution and investment withdrawal.
Recent developments are shifting the debate in the opposite direction, with corporate counsel now pushing for more proactive knowledge-gathering and transparency.… Continue Reading
On October 26 in New York City, the FCPA Blog held its inaugural conference. Exceptional speakers and participants discussed current and emerging challenges in the implementation and enforcement of the FCPA.… Continue Reading