Many businesses are currently facing significant challenges to their ongoing existence and profitability.
When financial survival is at stake, crossing the line can be a strong temptation for individuals and a major risk for their organisations. Whatever jurisdiction you operate in, regulators are increasingly vigilant in their monitoring and exacting in their enforcement. In such a climate of high pressure and zero tolerance, anti-bribery compliance policies and procedures are a key priority that can often be overlooked or relegated in the quest for turnover and profit.
Temptation to cross the line is one risk but another, perhaps greater risk, is not knowing where the line is drawn. Previously unregulated business activities such as facilitation payments, hospitality, expenses, gifting, and/or commission arrangements have become subject to regulation, restriction and sanction which represents a continuing proliferation of traps for the unwary.
Whether you are a domestic suppliers of goods or a multi-national conglomerate active in high-risk sectors and locations worldwide, our approach to mitigating your bribery and corruption risks is bespoke and proportionate. In reviewing, advising upon and/or formulating your compliance policies and procedures, we draw upon our knowledge of industry best practice and take account of the full range of risk factors, the size of your business, the jurisdictions in which you operate, and the level of regulation and scrutiny in your sector. We produce clear and practical policies specific to you, enabling your business to be competitive while remaining compliant.
If internal investigations are already underway, we will work with you and your in-house legal team to assist with reporting requirements within your organisation; and where appropriate, with self-reporting to the relevant local authorities and/or notifications to and announcements on relevant stock exchanges.
If matters escalate to a formal investigation or court proceedings, the outcome can be severe; and you will want as much control and as many options as possible. Our investigations unit is made up of specialist litigators and experienced negotiators across the world who will always strive to secure the best possible outcome for you and your business. Whether that outcome is a negotiated settlement or exoneration after a contested trial, we are here to assist you.
In addition to the legal challenges you face, there may also be public relations challenges. When acting as your legal advisors, we never lose sight of the fact that investigations and court proceedings bring with them a significant risk to reputation and goodwill; and a key part of what we do for you involves engaging with regulators and working with media professionals in order to manage and mitigate that risk.
Meet the team
International Partner (England & Wales and British Virgin Islands)
Adding claimants pre-service and amending outside the limitation period: pitfalls for the unwary
Sonia looks at a recent High Court judgment and its important guidance on the ability of claimants to be added to a claim before service
Damages-based agreements: an island of clarity in changing seas
Simon, Joe and Lauren look at a recent judgment which is a welcome island of clarity in the damages-based agreement sea of uncertainty.
Rhys Novak quoted by Citywealth on the ways companies can combat potential issues of fraud
Is fraud on the rise and should investors be wary?
Bribery & Corruption team successfully act in Italian bribery prosecution
Warranties on an indemnity basis: a question of damages
John and Simon take an in-depth look at warranties on an indemnity basis
Disclosure and documents referenced in expert reports: a level playing field?
Sonia looks at the impact of the recent High Court decision in Zverev v Ace Group International Ltd
First international corruption trial held in Geneva
Bruno looks at the recent milestone for Geneva prosecutors
Durra Al Ali
“Subject to contract” wording in settlement negotiations: a label that sticks
Durra looks at the term “subject to contract” and how it was put to the test in Joanne Properties Ltd v Moneything Capital Ltd and another.
Investigations: Bribery & Corruption
This episode looks at issues relating to bribery that can occur in business.
Safeguarding search orders and the role of public interest: lessons to be learned from recent case law
Caroline looks at lessons to be learned from the recent decision in Calor Gas Ltd v Chorley Bottle Gas Ltd and others
Is the FCA reluctant to probe money laundering?
Rhys looks at the FCA's decision to discontinue 50% of its criminal investigations into money laundering rule breaches
Can payments made directly to a government be a bribe?
Rhys looks at the recent US Department of Justice (DOJ) Opinion Release concerning the Foreign Corrupt Practices Act.
French reform on provisional enforcement by Law and why it matters to civil and commercial disputes strategy in France
Simone looks at the French reform on provisional enforcement by Law and why it matters to civil and commercial disputes strategy in France.
COVID-19: security for costs in an economic downturn
Caroline looks at a recent case where a party seeks to use COVID-19's economic consequences to support their security for costs application.
Claiming privilege in investigations: whose decision is it?
Abigail looks at the recent decision of A v B and another
Remote hearings in the COVID-19 era: another new normal?
Charlotte and Simon look at remote hearings in the COVID-19 era
Search and deploy? Search orders and electronic data
Stewart, Rhys and Simon take an in-depth look at search orders and analyse recent developments.
Patrick Gearon FCIArb
The costs of conflict
Patrick Gearon provides insight on disputes funding options and the changing landscape of costs and dispute resolution in the Middle East.
Frustration under English law – Key issues in a global pandemic
Claudine looks at Frustration and the key issues it has in a global pandemic.
Judgment in default - better late than never?
Hannah Kent looks at a significant update to the rules regarding default judgments.