War on Wimbledon – the much-derided Bribery Act is a resounding success
You know you're on dodgy territory when journalists and lobbying groups start to claim a piece of legislation is badly drafted. Unless you're a trained lawyer - and one with a specialism in the area at that - it's pretty difficult to tell if statute is poorly written. Of course, as can been seen from this week's analysis, this didn't stop a storm of criticism hitting the Bribery Act, which must now surely rank as the most politically-charged piece of legislation to impact on corporates since the Human Rights Act of 1998. In part, the nature of these attacks was due to the content of the Act. Supporting bribery is a hard public position to adopt - which forced opponents of the Act to get into technical arguments regarding supposed deficiencies in drafting.
April 21, 2011 at 03:21 AM
3 minute read
You know you're on dodgy territory when journalists and lobbying groups start to claim a piece of legislation is badly drafted. Unless you're a trained lawyer – and one with a specialism in the area at that – it's pretty difficult to tell if statute is poorly written.
Of course, as can been seen from this week's analysis, this didn't stop a storm of criticism hitting the Bribery Act, which must now surely rank as the most politically-charged piece of legislation to impact on corporates since the Human Rights Act of 1998.
In part, the nature of these attacks was due to the content of the Act. Supporting bribery is a hard public position to adopt – which forced opponents of the Act to get into technical arguments regarding supposed deficiencies in drafting.
These arguments rather ignore the fact that the Act has generally been welcomed by lawyers, including many general counsel, who feel the UK needed to update its anti-bribery laws, albeit with some concerns about lack of clarity regarding its scope.
Is there any self-interest in there from lawyers? Of course – there's no doubt the Bribery Act is the latest in a string of legislative incentives for City law firms to beef up their white-collar crime and regulatory practices, following a dynamic already well established in the US.
Many critics also attack the Act on policy grounds, arguing that it goes further than other countries and will be a disadvantage to British business. There is something to this, given the scope of the Act, though the far tougher enforcement tactics coming from US prosecutors for bribery offences surely mean the UK is unlikely to be taking a harder line.
But when substantive arguments wouldn't cut it, some were happy to pull out the trusty sword of exaggeration, triggering some laughable headlines about corporate hospitality and the Act supposedly banning client schmoozing at sporting events. (The Ministry of Justice (MoJ) guidance on the Act heroically asserts: "Rest assured – no-one wants to stop firms getting to know their clients by taking them to events like Wimbledon or the Grand Prix".)
The MoJ under the incoming coalition Government also rather played to the rabble-rousing, giving it a chance to score points off a statute pushed through by Labour while being seen as business-friendly. As such, the guidance on the Act published in March has achieved the ambiguous result of on one hand being regarded as an accessible, common-sense reading of the law while, on the other, in places skirting rather close to retroactively rewriting it. In seeking to downplay the Act's range, there is a danger that the MoJ has undersold what many will have to do to comply.
But quibbles aside, the biggest irony about the Act is that in public policy terms it has already been incredibly successful, triggering a huge overhaul of corporate behaviour and policy even before coming into force. And, despite brickbats, there are not many statutes you can say that about.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllMcDermott Hits Paul Hastings In London Again As Macfarlanes Also Swoops For Talent
2 minute readRe-Examining Values: Greenberg Traurig's Executive Chairman on the Lessons of the Pandemic
4 minute readDiversity Commitments Feel Hollow When Firms Cosy Up to Oppressive Regimes
Trending Stories
- 1Lawsuit Against Major Food Brands Could Be Sign of Emerging Litigation Over Processed Foods
- 2Fellows LaBriola LLP is Pleased to Announce that Alisha Goel Has Become Associated with The Firm
- 3Law Firms Turn to 'Golden Handcuffs' to Rein In Partner Movement
- 4Friday Newspaper
- 5Public Notices/Calendars
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250