….implementing and maintaining a robust whistleblowing channel is still strongly advisable in order to mitigate the risk of a corporate criminal prosecution. The UK corporate offences of “failure to prevent bribery” and “failure to prevent fraud” make companies liable for criminal offences committed by their employees, agents, and representatives in certain circumstances — but there is a defence available if “adequate” or “reasonable” preventative measures were in place at the time. Guidance from the UK government on these offences makes clear that “appropriate whistleblowing arrangements” are among the measures they would expect companies to have in place. Litigation 2024 Year in Review and 2025 Outlook by Latham & Watkins LLP.
