In a Law360 article, Ellis George attorneys Nathan Hochman and Stephen Farrelly published guidance about recent changes to German criminal law that create the prospect of international enforcement efforts involving multinational and U.S.-based companies. Hochman and Farrelly review the likely impact and limitations of the German “Law for Strengthening Integrity in the Economy” on criminal enforcement efforts, noting that the German law replaces prosecutorial discretion with a more nuanced set of self-limiting provisions that have implications for multinational businesses and U.S. legal practitioners alike. Hochman and Farrelly also note that corporations will need to reconsider how due process plays into internal investigations as well as efforts to cooperate with regulators.
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The full article can be found here: https://www.law360.com/articles/1306065/german-criminal-liability-proposal-would-affect-us-cos-.
