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
© 2024 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
- 1Judge Denies Sean Combs Third Bail Bid, Citing Community Safety
- 2Republican FTC Commissioner: 'The Time for Rulemaking by the Biden-Harris FTC Is Over'
- 3NY Appellate Panel Cites Student's Disciplinary History While Sending Negligence Claim Against School District to Trial
- 4A Meta DIG and Its Nvidia Implications
- 5Deception or Coercion? California Supreme Court Grants Review in Jailhouse Confession Case
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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