Showing 1 - 10 of 19
Foreign directors and the criminal court summons process: bound by duty
Business, Tilleke & Gibbins International Ltd, Published on 06/01/2017
» The criminal summons process can affect a company director in many ways and at virtually any time. For example, a director may be summoned as a witness, as a representative for an accused company, or even as an individual accused of a crime. Further complicating matters is the possibility that a summons could be issued to a company director without his or her direct knowledge. This increases the risk of noncompliance, possibly subjecting the director to additional liability.
The US vs Apple and Microsoft: makings of a perfect storm
Business, Tilleke & Gibbins International Ltd, Published on 01/04/2016
» In February, a US court in California issued an order to Apple that was equivalent to a magnitude 9 earthquake striking Silicon Valley. It told Apple to write code to bypass a security feature to allow a brute-force password attack by the FBI to unlock an iPhone used by one of the terrorists killed by police after the San Bernardino attack in December 2015.
Insider trading: Time for reform and tougher penalties
Business, Tilleke & Gibbins International Ltd, Published on 05/02/2016
» Recent headlines in Thailand and abroad have drawn attention to a spate of high-profile cases involving insider trading and the inadequate punitive action that follows. Many have called into question the efficacy of sanctions imposed by the Thai Securities and Exchange Commission (SEC) to deter insider trading. This article will look at the law surrounding insider trading in Thailand, how it is enforced and whether the law is effective.
Cybersecurity preparedness: it's a dangerous world out there
Business, Tilleke & Gibbins International Ltd, Published on 11/12/2015
» Virtually all of us are dependent on the internet and internet-connected devices. People are plugged in, online and in constant communication through wired and wireless networks coupled to the internet.
Thailand's new alcohol labelling and message requirements
Business, Tilleke & Gibbins International Ltd, Published on 18/09/2015
» On Jan 22, the government issued a new notification, published in the Royal Gazette, setting out controversial labelling and message restrictions for alcoholic beverages that could result in major losses for the alcohol industry. It is being challenged before the Administrative Court, but pending the outcome of that case it has been in effect since April 22.
Class actions arrive in Thailand: will the law of unintended consequences prevail?
Business, Tilleke & Gibbins International Ltd, Published on 15/05/2015
» In December of this year, amendments to the Civil Procedure Code allowing for class-action lawsuits will come into force. If the effects on the legal systems of other jurisdictions are good indicators, the Thai legal landscape will undergo a fundamental shift. This article will introduce class actions generally and then look at the new legislation and its potential impact.
Catch me if you can: Cases of stock manipulation
Business, Tilleke & Gibbins International Ltd, Published on 20/03/2015
» Last year, 23 people were alleged to have been involved in the manipulation of three separate stocks. The investigations and prosecutions in these cases are ongoing. In light of recent events, this article explains the crime of stock manipulation, discusses the seminal Supreme Court decision on the matter and identifies a potential new tool of enforcement for private citizens through the recently passed class action legislation.
Enforcement of loan guarantees to change under new laws
Business, Tilleke & Gibbins International Ltd, Published on 09/01/2015
» New amendments to the Civil and Commercial Code will change the way loan guarantees are enforced in Thailand. Under the changes, which are due to take effect on Feb 11, guarantors will benefit from increased protection, as contracts imposing joint liability between a debtor and a guarantor will be void.
Customs Settlements: Guidelines for Waiver of Prosecution
Business, Tilleke & Gibbins International Ltd, Published on 22/08/2014
» Every year, numerous companies and individuals face criminal prosecution for violating Thai customs law. The penalties include significant fines and even incarceration. This can have a profound effect on both a company and its employees and agents, and even those who may have unintentionally violated customs laws.
Thailand’s customs reward system: the slow march towards reform
Business, Tilleke & Gibbins International Ltd, Published on 16/05/2014
» In recent years, Thailand’s customs regime has come under increased international and domestic scrutiny. One reason is that Thailand remains one of the few countries that presume strict criminal liability for importers and their representatives, even where an under-declaration of customs duty is the result of a mistake and/or negligence.