CYK associate Rosie Wild recently travelled to Recife in Brazil to attend the AIJA litigation and civil fraud congress that had gathered to discuss “The Challenges Of Compliance And Anti Corruption“. Brazil was chosen as the appropriate location to host this seminar given its position at the epicentre of the Operation Lava Jato corruption scandal that was uncovered in 2014, with investigations and arrests still ongoing. The origin and development of Lava Jato was discussed in detail at the conference.
Rosie was part of a panel with Paulo Nasser, a disputes partner at São Paolo based law firm Miguel Neto Advogados, Zeehan Shamji, a senior director at K2 Intelligence, and Tom Arntz, an employment law associate at Citius Advocaten in Amsterdam. The panel analysed the Court of Appeal decision in UBS v KWL  EWCA Civ 1567 and used it as a springboard to discuss wider issues on how companies can protect themselves against corruption, and the protection afforded to whistleblowers under Dutch law.
Rosie explained the state of the current law regarding when a company will be held to “know” about a bribe after the UBS decision, the consequent reach of liability under civil law for bribery, and the potential effect of this decision on contractual certainty.
Rosie has broad experience on matters involving civil fraud and is currently working with CYK colleagues on a complex asset tracing programme spanning more than 20 jurisdictions.