This article explores the growth of sustainable investment and green finance in Luxembourg and Europe, as well as looking at how bodies such as the EU can approach greenwashing as a consumer law offence.
Released on Jan 28, 2026
This article reflects on the highlights of the IBA Annual Conference in Toronto for the Criminal Law Section. This included panels on the impact of INTERPOL red notices, misconduct against corporates, investigative journalism, and more!
Released on Jan 28, 2026
Access to remedy constitutes a cornerstone of the United Nations Guiding Principles on Business and Human Rights (UNGPs).
Released on Jan 28, 2026
Recent European threat assessments confirm that personal data has become a strategic asset within organised cybercrime. This article examines the criminal law implications of the theft, trade and exploitation of data, focusing on service-based criminal models, the enabling role of artificial intelligence and the growing mismatch between digital criminal ecosystems and traditional liability frameworks.
Released on Jan 28, 2026
This article analyses how India’s Supreme Court’s ruling on the privilege of confidential communications between a lawyer and their client effects corporate India and their in-house counsel.
Released on Jan 28, 2026
This article examines the dual nature of diffusions within international policing, emphasising their role in facilitating swift cross-border action, while raising concerns related to oversight, political misuse and human rights violations, and outlining necessary measures for the creation of a balanced framework.
Released on Jan 28, 2026
In November 2025, the Supreme Court of India closed one of India’s most complex and long-running bank fraud matters involving the Sterling Biotech group. This article focuses on what the judgment means practically for boards and senior management when dealing with large, multi-agency financial disputes.
Released on Jan 28, 2026
This article explores the tension between Pakistan’s framework of human rights being based on international standards, while the protection of these rights within the criminal justice system are often challenged. It closes with recommendations made by the International Bar Association Criminal Law Committee and its Human Rights Institute on how to move forward with sustainable reforms that focus on integrity and accountability.
Released on Jan 28, 2026
In recent years, there has been a significant rise in crimes committed by individuals operating internationally. The increasing internalisation of offences makes it all the more necessary to establish effective and consistent mechanisms for cooperation and intervention at a global level. In this context, Interpol plays a leading role among the international bodies charged with providing operational and informational support to countries around the world. The system includes several types of notices, each with specific and well-defined objectives, the most familiar being the red notice. Recently, however, attention has been focused on a new category of notice that is set to profoundly revolutionise the international investigative paradigm: the silver notice.
Released on Aug 17, 2025
In February 2024, legal leaders from across Asia gathered at the Asia Legal Priorities 2024 event, hosted by Thomson Reuters. One resounding message emerged: the role of the lawyer is transforming from corporate advisor to ethical gatekeeper and legal risk strategist. This conclusion echoes how lawyers are responding to environmental, social and governance (ESG) frameworks that have emerged as the blueprint for responsible corporate conduct. As ESG evolves from soft law guidance to enforceable obligations, an undercurrent is rising: the growing intersection between ESG failures and criminal liability. Around the globe, prosecutors, regulators and legislators are increasingly treating ESG breaches not just as ethical lapses or compliance failures, but as criminal offences.
Released on Aug 17, 2025
Due to commence in September 2025, the new failure to prevent fraud offence in the United Kingdom is likely to pose challenges in terms of both efforts to comply and in regard to defending corporations charged under the new legislation. Section 199 of the Economic Crime and Corporate Transparency Act 2023 criminalises the conduct of large organisations where a person associated with the organisation commits fraud with intent to benefit the organisation or anyone the person provides services to on behalf of the organisation. It is a defence if the organisation can prove that there were reasonable procedures in place to prevent fraud or that it was not reasonable for such procedures to be in place. While Australian law does not contain an equivalent offence, presently, at least, the state of failure to prevent offences in Australia provides an interesting backdrop to a discussion on the broader issues surrounding such offences.
Released on Aug 17, 2025
The IBA’s Annual Conference was fortuitous timing, coinciding with the anniversary of Mexican Independence and the inauguration of Mexico’s first female president, Claudia Sheinbaum, the following month. Mexico was a brilliant choice for the event, a true feast for the senses. This article provides an account of events at the Conference.
Released on Aug 17, 2025
From 14 to 16 May 2025, the Transnational Crime Conference, now in its 27th edition, took place in the vibrant city of Santiago, Chile. Organised and co-presented by the IBA Criminal Law Committee and the Business Crime Committee, supported by the Latin American Regional Forum, the event brought together leading practitioners, regulators, academics and corporate counsel from across the globe to discuss key developments and challenges in the fight against transnational crime.
Released on Aug 17, 2025
Read the Criminal Law Committee Co-Chairs’ message from our April 2025 ebulletin.
Released on Apr 15, 2025
As an Australian based criminal law practice, our firm has acted on behalf of clients in a number of finalised court cases and current investigations on behalf of corporate entities arising in countries such as Indonesia, Nauru, Papua New Guinea and Singapore where many of these companies are domiciled. This work is generally done independently of the commercial law firms who act for the clients and involves a lot of careful thought and strategic design at an early stage.
Released on Apr 6, 2025
On 10 January, INTERPOL issued its first-ever Silver Notice, marking a significant evolution in its approach to international asset tracing. The request, initiated by Italy, seeks to identify and locate assets allegedly linked to a senior mafia figure. While its immediate impact may be largely symbolic, the introduction of the Silver Notice signals an important development in cross-border financial crime enforcement.
Released on Apr 6, 2025
Over the past six months, the International Criminal Court (ICC) has taken a number of significant steps in pursuance of its mandate to prosecute individuals for crimes of international concern, including war crimes, crimes against humanity and genocide. These developments underscore the ICC’s commitment to addressing grave violations of international law, although the institution continues to face challenges and criticisms.
Released on Apr 6, 2025
In a December 2024 ruling, the Court of Appeal of Luxembourg decided whether a person convicted of a criminal offence could demand the press to stop publishing their name and image in relation to a past case. This case illustrates the challenge of balancing two fundamental rights: freedom of expression and press, versus the protection of reputation and right to privacy. The plaintiff, a person in a public position, was involved in a widely covered legal case many years ago. Despite the time passed, media coverage continued including reports with identifying details about the individual.
Released on Apr 6, 2025
Extradition is a cornerstone of international judicial cooperation, the discipline of which is articulated in a complex system of multilevel legislation, based on bilateral and multilateral treaties, as well as conventions adopted by supranational organisations, such as the UN and the Council of Europe. This legal mechanism satisfies the need to ensure the effective administration of justice in transnational crime cases, preventing individuals accused of serious crimes from escaping criminal consequences simply by crossing national borders.
Released on Apr 6, 2025
The IBA’s Criminal Law Section (made up of the Criminal Law, Business Crime, Anti-Corruption and Asset Recovery Committees) has closed 2024 with another successful conference; this time in Mexico City, where around 5,000 delegates gathered to exchange ideas, discuss the latest hot topics in the legal world and – of course – experience Mexican food, music and culture (including a memorable trip to a Lucha Libre wrestling competition).
Released on Jan 13, 2025
The 26th Transnational Crime Conference, which took place between 8–10 May 2024 in Milan, Italy, was a resounding success. In fact, it has become the most well-attended international criminal law conference in the IBA’s history!
Released on May 21, 2024
January 2024 saw the first When arbitration meets crime Conference, held in São Paulo, Brazil and co-presented by the IBA Arbitration Committee, the IBA Business Crime Committee, the IBA Criminal Law Committee, the IBA Asset Recovery Committee the IBA Litigation Committee and the IBA Latin America Regional Forum.
Released on Feb 27, 2024
The IBA’s Annual Conference took place between 29 October and 3 November 2023 in Paris, France. As always, the Conference – the IBA’s largest event with some 10,000 participants from the legal profession – was a great opportunity to catch up with acquaintances and forge new links within the criminal law community and beyond.
Released on Feb 27, 2024
A report of the 25th Transnational Crime Conference, held 3–5 May 2023 in Boston, Massachusetts.
Released on Jul 18, 2023
More and more over the recent years, with a trend that has crossed the borders of common law jurisdictions and has reached those of civil law, criminal law is becoming not only a matter of judicial defence of a case but also, especially in the corporate world, a matter of preventing misconducts and, in the case of those that have been committed, a matter of prompt and effective collection of items of evidence for their ascertainment.
Released on Sep 2, 2022
Ten questions that commonly arise when conducting employee investigations: different considerations in interviews solely for disciplinary proceedings versus those assessing whether criminal or regulatory misconduct has occurred
Released on Sep 2, 2022
Turkish law presents several issues to consider when designing and executing internal investigations, differing from European Union or United States law in some key areas.
Released on Sep 2, 2022
Abstract This article aims at providing an overview of certain key issues that arise in the ambit of internal investigations in Switzerland. In particular, it discusses whistleblowing, data privacy, employment and client identification considerations, as well as legal privilege, before examining the role of penalty orders as an instrument in the resolution of investigations.
Released on Sep 2, 2022
The authors briefly analyse the guidelines set forth by the Spanish Supreme Court’s Criminal Section on the control and monitoring of corporate electronic devices and communication channels in the framework of an internal investigation, as well as the criminal liability regime of a company’s director when
Released on Sep 2, 2022
In the case of an internal investigation, it is generally possible to enter a non-prosecution agreement. If as result of an internal investigation, a criminal offence is discovered, the corporation should submit the criminal application with all collected evidence during the process of internal investigation to the prosecutor’s office.
Released on Sep 2, 2022