Fellows in the news
Latest thought leadership by our Fellows
In this publication, Sherbir Panag delineates what constitutes bribery, who is held liable, established examples, policy enforcement, and potential pitfalls for businesses in India.
In his recent article, Markus Funk issues a challenge to media outlets to get their facts straight and present them in a clear, direct manner devoid of sensationalism, otherwise, they are contributing to the all-too-commonplace incidences of violence against trespassers.
Take a listen to Alex Jay's podcast feature on Stewarts Commercial Litigation Podcast to explain Quincecare Duty and the delicate balance of responsibility banks hold to honor the requests of their clients while preventing fraudulent activity.
For our Romanian readers, Maria Nizzero's latest article presents the delicate balance that exists when countries open their borders to international investment and growth.
In this article, Markus Funk, provides an insider’s look at what it’s like to be a law school’s adjunct instructor. His article raises questions about how to better integrate these professors into university life and evaluates the real value they add to the educational framework.
Regis Bismuth article considers the roles of public vs. private institutions, international law, and how socially responsible policies are making a corporate impact.
Jitka Logesova, known for her expertise in litigation policy, offers reflective commentary on the European Commission's recent directive, which aimed to enhance international cooperation and address enforcement loopholes but missed the inclusion of non-resolution agreements as a viable option.
While acknowledging the impact of AI software in the legal field, Mangeat emphasizes the indispensable value of skilled lawyers. He advises professionals to continuously enhance their expertise, improve communication skills, and learn a foreign language. With this growth mindset, ChatGPT can serve as a helpful tool.
Investors responded strongly when Credit Suisse made the decision to eliminate $18 billion worth of high-risk bonds, and now Marc Hassberger and his team are representing the 120 claims being brought before the Swiss Federal Administrative Tribunal.
Jonathan Sack poses a challenging question in the New York Law Journal as well as guides readers through the new policies and their actualized- as well as potential impact with depth and discernment.
Frederick Davis has been monitoring the Halkbank case, where the US Supreme Court ruled on April 19, 2023, that the Foreign Sovereign Immunities Act (FSIA) does not provide immunity in criminal cases. The decision now rests with the US Court of Appeals to determine the possibility of acquiring common law immunity.
This article, written by Eric Lewis, examines the United States Supreme Court's landmark decision in the Halkbank case, which enables the criminal prosecution of foreign sovereign entities.
In this article, Nicola Bonucci delves into the proposed EU legislation on mandatory human rights due diligence, its potential impact on companies, and provides suggestions for how companies can effectively adapt to and meet the new requirements.
For our German speakers, Frederick Davis' comparative legal study examines the handling of DPAs and NPAs, highlighting the advantages and disadvantages of informal procedures.
For our French speakers, Grégoire Mangeat is optimistic that AI and the justice system can improve the legal profession's efficiency and accessibility in a fair and ethical way.
The article by Jonathan Sack examines the issue of victims' rights during the negotiation of DPAs and discusses the reforms called for by the US Department of Justice in response to the Boeing DPA establishment.
Frederick Davis highlights the key issues and evaluates what blanket immunity could mean for SOEs and the Department of Justice’s efforts to prosecute international crime.
The article, co-written by Jonathan Sack, assesses recent US court precedents and their implications for future cases, emphasizing the challenges of successfully prosecuting bribery and public corruption cases, especially when explicit quid pro quo must be demonstrated.
For our German readers, Gretta Fenner discusses the Basel Institute on Governance's work to return ill-gotten funds to Ukraine and how the Foreign Illicit Assets Act of 2016 can legally return seized Russian assets to Ukraine.
Nicola Bonucci and his colleagues published a report on the top 10 predicted business and human rights issues for 2023, providing insights into potential legal, regulatory, and reputational risks facing corporations across various industries.
Ben Gruenstein expressed the uncertainty of many when he asked, "What does 'undue delay' mean?" in the context of a new Justice Department approach to corporate enforcement policies.
For our French speakers, Stéphane Bonifassi takes on the French justice system and urges courts to streamline the litigation process and consider dispute settlements rather than expensive, inefficient lengthy trials.
Czech government takes steps to enact into law the Czech “Magnitsky Act.” Jitka Logesova compares this version to the U.S. Magnitsky Act and finds the former to have a much broader scope than human rights violations.
Gretta Fenner announces Basel’s partnership with RISE Ukraine to promote integrity, sustainability, and efficiency as part of Ukraine’s post-war reconstruction
Thank you to Fellows Jonathan Sack, Ben Gruenstein, Lucinda Low and Fred Davis for filing an amicus on behalf of The Academy in the Rafoi case.
Roberto Pisano writes on Corporate Criminal Liability in Italy by breaking down nature and requirements of corporate liability, applicable procedure, conditions to exclude or mitigate corporate liability, and applicable sanctions.
This article explores whether regulatory initiatives to stringently discipline credit rating agencies’ activities, or other initiatives which reflect an increasing willingness to control speech in financial, are in line with relevant principles guaranteeing the freedom of expression.
This American Bar Association guide considers the landscape and legal framework of the specific jurisdiction and provides a practical narration as to best practice in each. Saverio Lembo co-edited it.
Legal Business World published a Q&A featuring Co-Founders, Elizabeth Ortega and Gretta Fenner, Fellow Dorothy Siron, and Professor Jennifer Arlen at NYU, highlighting The Academy's mission and global impact.
The first in a series in a series of joint publications with the Basel Institute on Governance looks at the impact of illegal wildlife trade on business. See the perspective of Academy Fellow Antenor Madruga on this topic.
Fellows of The International Academy of Financial Crime Litigators have surveyed their respective jurisdictions to report how they are coping with the pandemic within the context of each particular situation.
Faced with a global pandemic that necessitates social distancing, Elizabeth Ortega reveals to Law360 how she's advising clients to use communications strategies to manage through these challenging times.
In Commercial Dispute Resolution's "Essential Intelligence: Fraud, Asset Tracing and Recovery", Dorothy Siron explains that Hong Kong is a hotbed for fraud and other financial, white-collar crimes, while it has developed a legal framework to assist victims seeking redress.
In an article written for Law360, Elizabeth Ortega explains how the intriguing case of former Nissan CEO Carlos Ghosn uncovers a lesson for lawyers about how sound communications strategy helps manage a crisis and can, if done correctly, repair a reputation.
The workshop Legal Consequences of Corruption and Money Laundering in International Arbitration, hosted by the Basel Institute and Mark Pieth, featured the president of the ICC International Court of Arbitration Alexis Mourre, who spoke about the value of the toolkit that guides parties and arbitrators dealing with matters of corruption and money laundering.)
Elizabeth Ortega explains in her business development article for Legal Business World how stepping away from risk-averse tendencies can inspire new approaches to tackling difficult cases the same way a song can transport you to a different time, place, or emotional state.
Writing for Legal Business World, Elizabeth Ortega shows how cleverness can often lead to short-term gain, while emotional intelligence keeps business and positivity moving forward.