Posts

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Sana Khan, Anti-Money laundering law in the United Kingdom, Westlaw Insights 2016

Sana Khan, Anti-Money laundering law in the United Kingdom, Westlaw Insights Forthcoming 2016.

Available at http://legalsolutions.thomsonreuters.com/law-products/westlaw-legal-research/practitioner-insights

Corporate Manslaughter

Corporate Manslaughter- The Need for Reform

This article is available with the Irish Business Law Review Journal and can be found within the following website:http://heinonline.org/HOL/LandingPage?handle=hein.journals/iblr1&div=19&id=&page=

Irish-Business-Law-Review

International Bank Reform – A Welcomed consequence of the financial crisis

Special Edition: A Critical Reflection on the Financial Crisis

Guest Editors: Claire Hogan Tanya Ní Mhuirthile

Foreword by the Hon Mr Justice Frank Clarke of the Supreme Court of Ireland

Introduction

  • No Let-up in Rebuilding Trust in Our Institutions  by Brian Hayes MEP

Section 1: Corporate and Financial Governance Issues Emerging From the Bust

  • Consumer Protection in Financial Services: Evaluating the Impact of the Financial Crisis by Dr Mary Donnelly
  • International Bank Reform: A Welcome Consequence of the Financial Crisis by Sana Khan

Section 2: Personal Insolvency

  • Judicial Treatment of Defences Pleaded in Personal Guarantee Proceedings by Claire Hogan
  • The Personal Insolvency Act 2012: An Evaluation of Reform in Response to the Financial Crisis by Patricia T Rickard-Clarke

Section 3: Corporate Insolvency – Examinership, Receivership, Liquidation

  • The Impact of the Financial Crisis on the Law Applicable to the Enforcement of Corporate Security by William Johnston
  • The Financial Crisis Five Years On: A Critical Reflection on Examinerships in the Downturn by Gavin Simons
  • Creaking at the Seams? Insolvency Practice in the Superior Courts by Rossa Fanning

This Article is available in the Irish Business Law  Review which is available on

the following website:

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Book review Business Social Responsibility: CSR for SMEs

www.pdpjournals.com COMPLIANCE & RISK VOLUME 5, ISSUE 2

Book review
Business Social Responsibility: CSR for SMEs
Author: Sana Khan,
Barrister-at Law
NuBooks –
ISBN 9781846211775
PDF / 1782 ePub
Published February 2016
€7.98

Brendan O’Brien, Solicitor of Ireland, England and Wales, qualified STEP practitioner, and Vice President, Legal Counsel, Barclays Bank, provides an overview of this new practical business book
With the forthcoming EU Directive on Disclosure of Non-Financial Information (the “Directive”), Corporate Social Responsibility (“CSR”) has become crucial now that organisations meeting certain thresholds must publicly disclose their investments in CSR. This Directive is to come into place by the 6th December 2016, and companies concerned will start reporting as of their financial year ending in 2017.

The directive requires large publicinterest entities (such as listed companies, banks, and insurance undertakings) with more than 500 employees to disclose in their management report relevant and useful information on their policies, main risks and outcomes relating to environmental matters, social and employee aspects, respect for human rights, anti-corruption and bribery issues, and diversity in their board of directors.

The option to carry out CSR on a voluntary basis during the course of business is quickly changing to being a legal and regulatory requirement.

Sana Khan’s “Business Social Responsibility: CSR for SMEs” is an expertly written book providing an authoritative and clear road map for the multitude of small and medium enterprises who are currently engaged establishing CSR indicatives. Many organisations would like to implement CSR but are unsure where and how to start. This eBook aims to assist organisations, regardless of their size, the resources available to them, or the industry sector, to start developing CSR initiatives.
The author’s background as a Barrister-at-Law working within the corporate and commercial sector, together with her current position as in-house counsel actively working with businesses in the area of corporate governance and CSR, means she is able to provide clear and practical illustrations of the issues raised in the eBook.

The eBook is intended not only to enable readers to understand the essence of CSR, but also to provide key tools and solutions to help businesses develop CSR initiatives in the most
efficient manner.

In this regard, the author does not only want her readers to understand major aspects of CSR, but also to be in a position to learn from existing CSR initiatives by analysing them.
This text offers accessible and analytical commentary from both a domestic and international perspective, coupled with inclusive practical guidance that will be useful for individuals of diverse backgrounds and business sectors.

The stated aims of this eBook are:
• to highlight how organisations, regardless of size or the resources available to them, can be sociallyresponsible;
• to explain how businesses can create a BSR initiative;
• to explain how to evaluate that initiative; and
• to suggest potential BSR ideas that organisations can implement.
In conclusion, “Business Social Responsibility: CSR for SMEs” is comprehensive in its up-to-date coverage of CSR. Within the general area of corporate governance and CSR, this seminal text has undoubtedly created a niche that will continue to expand.
Since the author has adroitly managed to produce a book that strikes a good balance between being academically authoritative and practically accessible, this text is likely to become an influential ‘must have’ for the ever-expanding body of people and organisations engaged with, or simply interested in, corporate social responsibility.

Brendan O’Brien
Vice President, Legal Counsel Barclays Bank

Irish Law Times

Positive Discrimination in the Workplace: The Case for Gender Equality

An extensive legal, regulatory and political overview of the topical debate regarding female representation on board of directors. Company boards around the world are predominantly made up of male executives, with a very small proportion being female. This article highlights why having women on the board of directors is good for business and society as a whole.

Positive Discrimination in the Workplace- The Case for Gender Equality

  1. Introduction

A topical debate in recent years has been the issue of board diversity, in particular, female representation on boards. Company boards around the world are predominantly made up of male executive with a very small proportion being female.

Research figures indicate that although 60% of graduates in Europe are female, the sex is significantly under-represented on boards of European organisations. In 2010, women held a mere 12% of board positions and less than 3% of the chairperson positions.

Various legislative and self-regulatory initiatives have taken place over the past decade with the intention of balance the gender of the boardroom. Any such initiatives are heavily dependent on considered approach of selecting and preferring (where possible and legitimate) female candidates over male candidates for executive positions -a form of positive discrimination. This article examines this topic primarily from a European and US perspective.

Positive discrimination or as it is often referred to affirmative action (within the US) is not a new concept. The International Labour Organisation in 1937 is viewed as being the first inter-governmental organisation to coin the term and definition of “discrimination”. Here, the ILO stressed that not only equal rights were required to prevent discrimination from occurring but also it extended to ensuring that equal opportunities and treatment where provided to everyone. This was later codified after World War II in Convention 111.

While there are many variety of definitions of what is meant by discrimination. The term is commonly understood to mean:

“All persons are equal before the law and are entitled without any discrimination to equal protection of the law. In this respect, the law shall prohibit discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

It is clear from the above that discriminating on the basis of gender is considered illegal in most instances. In order to circumvent this problem, a distinction has been created which is designed to remove the negativity around the term discrimination. Therefore, there are two types of discrimination -negative and positive…

This Article is available within the Irish Law Times Journal. The Journal can be found here: http://www.westlaw.ie/content-higlights-journals.htm

Positive Discriminiation

Gender Equality and the boardroom

A high level overview of the topical debate regarding female representation on board of directors. Company boards around the world are predominantly made up of male executives, with a very small proportion being female. This blog piece highlights why having women on the board of directors is good for business and society as a whole.

This blog piece can be found:

master-data

The Evolution of Law in Data Governance and Management

MDM & Data Governance Summit Europe, London, United Kingdom 19-21 May, 2014

The law on data protection throughout the European Union is set to be radically overhauled by the implementation of the proposed new Data Protection Regulation. The regulation is set to introduce numerous obligations that Data Governance Managers need to be aware of.

This presentation will identify some of the key developments and seek to present the most appropriate strategies in preparation for the overhaul of the regulatory environment in which Data Governance Managers operate.

The requirement of a Data Protection Officer will be discussed. What will be the requirements of such an office holder?  We will point out and identify the several areas where liability could arise.

The proposed regulation will also need to be considered when drafting policies on data security standards. Whilst breach notifications are becoming legally required, we will analyse the specific requirements in such circumstances. We will detail the security governance standards that should exist throughout the organisation in order to meet effective compliance with the law.

More information can be found here: http://www.irmuk.co.uk/mdm2014/speakers.cfm#Khan

queens-univeristy

The Need to Modernise Quangos in Ireland

Mastering Law: Cross-Border Reflections-All Ireland Law Masters Conference, (Faculty of Law, Queens University, Belfast), Northern Ireland, May 2011

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Bank destruction to Bank reform an International Perspective

Sana Khan was a speaker at the Commercial law Conference- The Financial Crisis: 5 years on, Griffith College Dublin, Ireland in  October 2013.On 13 October 2013, a conference on the theme of “The Financial Crisis Five Years On: A Critical Reflection” was held in Griffith College Dublin. The aim of this conference was to analyse the changed legal landscape in Ireland in the wake of the financial crisis, which was taken to have commenced at the time of the bank guarantee of 30 September 2008.
Published today, the special edition of the Irish Business Law Review, edited by Dr Claire Hogan and Dr Tanya Ní Mhuirthile, contains updated versions of a selection of the papers delivered at that conference. It includes a Foreword by Mr Justice Frank Clarke of the Supreme Court of Ireland and an Introduction by Brian Hayes MEP. Articles include:

Section 1: Corporate and Financial Governance Issues Emerging From the Bust
Consumer Protection in Financial Services: Evaluating the Impact of the Financial Crisis by Mary Donnelly
International Bank Reform: A Welcome Consequence of the Financial Crisis by Sana Khan

Section 2: Personal Insolvency
Judicial Treatment of Defences Pleaded in Personal Guarantee Proceedings by Claire Hogan
The Personal Insolvency Act 2012: An Evaluation of Reform in Response to the Financial Crisis by Patricia T Rickard-Clarke

Section 3: Corporate Insolvency – Examinership, Receivership, Liquidation
The Impact of the Financial Crisis on the Law Applicable to the Enforcement of Corporate Security by William Johnston
The Financial Crisis Five Years On: A Critical Reflection on Examinerships in the Downturn by Gavin Simons
Creaking at the Seams? Insolvency Practice in the Superior Courts by Rossa Fanning

Copies can be ordered directly from Clarus Press

acams

European Focus: Meeting the Demands of the Fourth Directive

Sana Khan was a speaker on the ACAMS Webinar: European Focus: Meeting the Demands of the Fourth Directive. The recording of this webinar can be found here: http://www.acams.org/webinar-eu-fourth-money-laundering-directive/

The EU Fourth Anti-Money Laundering Directive expands the Third Directive by broadening AML oversight to include new areas such as external threats to domestic markets, while introducing more stringent rules regarding ultimate beneficial ownership. That in turn will require intensifying compliance efforts in areas like correspondent banking and asset management. In this webinar, expert panelists detail smart strategies for incorporating the Fourth Directive initiatives into existing compliance functions.

Learning Objectives

  • Adjusting risk assessments to include cross-border threats to domestic markets
  • Adapting CDD models and record-keeping to meet enhanced beneficial ownership requirements
  • Ensuring compliance models meet the expanded definition and responsibilities of PEP oversight

Who Should Attend

  • Risk Assessment Officers
  • Compliance Managers
  • Investigation Specialists

Region/Industries

  • Europe
  • Bank