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Editorial: Compliance in unprecedented timesDeStefano, Michele, Schneider, Hendrik 13 May 2020 (has links)
Therefore this edition of CEJ is dedicated to pressing criminal and compliance-related questions in connection with the coronavirus-pandemic.
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Will Digital Currencies Replace Cash?: Digital, Currency, Privacy and SurveillanceTeichmann, Fabian, Falker, Marie-Christin 13 May 2020 (has links)
In some nations, including Sweden and South Korea, cash payments are becoming increasingly
uncommon. Other nations, such as Germany, continue to predominantly prefer cash.
At the same time, digital currency is on the rise, and the announced launch of Facebook’s
stablecoin Libra, in particular, has caused a debate around digital money. In response, a
number of central banks have begun to consider launching their own versions of digital
currency. This article analyzes characteristics of both cash and digital currency and illustrates
advantages as well as disadvantages of digital money and a cashless society. In particular,
privacy concerns regarding digital cash are addressed. In addition, compliance risks
are highlighted, and it is deliberated whether the introduction of digital cash could lead to
a decrease in crime related to cash and cryptocurrencies.
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Non-Payment of Rent due to the Corona Pandemic: Legally and Ethically Justifiable?Drygala, Tim 13 May 2020 (has links)
The announcement by Adidas, Deichmann and H&M to stop paying rent for their closed
shops beginning in April has caused quite a stir. Tim Drygala explains why such behavior
is covered by case law.
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Between criminal law and corporate social responsibility: Drug Donations to HCPS and HCIS in the Age of the CoronavirusBleicken, Kai Christian, Engels, Elisabeth, Schneider, Hendrik 13 May 2020 (has links)
No description available.
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Recent Legal Developments to Enhance Corporate Liability for Criminal WrongdoingHuber, Hans-Peter 13 May 2020 (has links)
Due to the coalition agreement of CDU/CSU and SPD the German Government shall
implement a new act on corporate criminal liability before the end of the current election
period. After an informal draft from the ministry in lead, the BMJV, was leaked to the
public this issue is frequently discussed in the media. The author tries to give an overview
on the main items of the draft law, the major concerns against it and the mediating draft
of the Munich Concept.
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Is this our Plumbus?: An Exploration of Crypto and Virtual Currencies through a Compliance LensKimathi, Sharon Kits 13 May 2020 (has links)
In this comment piece, I will seek to examine the relationship between cryptocurrencies and virtual
currencies from a compliance perspective. I will tie this to the underlying theme from multiple studies,
that a lack of knowledge of these products means more needs to be done by policymakers and the
crypto industry to form cohesive and understandable standards that unearth what these products
are, how they are used and how compliance analysts can be best supported to apply best practice
procedures when conducting due-diligence checks. I will seek to lay out the advantages and disadvantages
of recent developments and explore the challenges they pose on a socio-economic and macro
level. This piece dissects the topic through four chapters.
The first ties it into developments that unfolded during the global financial crisis, the use of collateralized
debt obligations and other derivatives-based financial instruments, ultimately showing how
a lack of knowledge was an underlying theme within the banking system during the 2008 global
financial crisis. The second chapter combines the theme of knowledge and awareness of a product
with the way in which people view cryptocurrency and digital coins, including regulators, courts and
policymakers.
The third explores recent developments from international central banks and governments, from
sanctioned countries using of the product to help their citizens to international alliances forming
across the globe in support of central-bank digital currencies.
The final chapter unpacks the advantages and disadvantages of using these financial instruments,
from countries in the global south suffering from scams to the pressure it takes on energy efficiency,
concluding that more needs to be done to educate users, regulators and everyone in between for the
success of the digital currency to be fully realized.
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(Book Review) New Suits - Appetite for Disruption in the Legal WorldLeeb, Christina-Maria 13 May 2020 (has links)
Michele DeStefano, founder and Content Curator of CEJ, is a Professor of Law at Miami
Law and the director and founder of LawWithoutWalls. Guenther Dobrauz-Saldapenna
is a Partner with PwC in Zurich, Leader of PwC Legal Switzerland, a member of PwC’s
Global Legal Leadership Team directing the firm’s global legal practice and the firm’s
Global LegalTech Leader. DeStefano and Dobrauz are editors of the book “New Suits.
Appetite for Disruption in the Legal World” published in June 2019. It combines the expertise
of 47 (!) authors, many of whom are already proven experts in the worldwide legal
tech scene.
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(Book Review) The Client-Centered Law Firm: How to Succeed in an Experience-Driven WorldAlbert, Theresa 13 May 2020 (has links)
No description available.
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Experiences with the Austrian Act on Corporate Criminal Liability (“Verbandsverantwortlichkeitsgesetz” or “VBVG”)Luef-Kölbl, Heidelinde 13 May 2020 (has links)
The Austrian Act on Corporate Criminal Liability (VbVG) entered force on 1 January
2006 and has now been in effect fourteen years. The following article will evaluate the
VbVG’s frequency of application in practice and critically examine the dominance of procedural
termination (rather than prosecution) at the discretion of the district attorney’s
office.
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Swiss Legal Status on the Protection of Whistleblowers: Taking into account the EU Directive on the protection of persons who report breaches of Union lawPikó, Rita 13 May 2020 (has links)
The EU Whistleblower Protection Directive came into force on 16 December 2019. Switzerland
continues to struggle with this topic: the Swiss National Council (Nationalrat) dismissed
a draft law on its introduction on 3 June 2019 and, after the Swiss Council of States
(Ständerat) approved the draft law without changes on 16 December 2019, dismissed it
again on 5 March 2020.
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