Whether you are a company, an individual, family office or state
entity that wishes to improve internal controls, or respond to a
crisis event or implement an internal investigation, we can devise
a strategy to manage the process.
It may involve employee fraud, financial loss or weakness in
corporate or operational controls that risk reputational damage.
Such events if handled wrongly can erode shareholder value or
irreparably damage directors and an entity's reputation.
Obtaining professional advice or appointing an independent
review body in times of crisis is a prudent defensive strategy that
can provide essential distance and deflect criticism from
directors. Implementing an investigation and taking pro-active
steps can avoid or minimise the involvement of regulators. Using a
solicitor often enables documents created during the course of an
investigation to be protected by "legal professional
privilege" and to remain confidential, preventing harmful
We have designed our Investigate + service to guide you through
such challenges providing directors, state entities and individuals
with the reassurance that they have expert and independent
Key features - Investigate +
Find out what happened, and determine the steps that need to be
taken to manage the situation and improve internal corporate
We become appointed as an independent third party to undertake
an internal investigation, and to report to the board on our
findings. This has advantages over any internal audit review as we
have independence from the company and maintain strict duties of
Our investigation work is typically governed by 'legal
professional privilege' which provides important
protection against enforced disclosure of damaging and confidential
documents. Without a solicitor's involvement internal
confidential company documents could fall into the public domain as
part of a later regulatory investigation or litigation.
We have significant experience of conducting investigations and
of interviewing staff, and understand the sensitivities involved.
We can advise upon suspending document retention policies and
securing evidence, including information held electronically on
mobile devices. We will devise an appropriate strategy to suit the
circumstances in accordance with your requirements.
If required, our work can extend to a review of accounting or
computer records, and analysis and imaging of company computers,
balancing data protection requirements. We work with approved
forensic accountants, corporate investigators and IT analysts to
uncover information that may be hidden.
Clients benefit from a co-ordinated approach and discounted
rates agreed with these partner firms knowing that any
investigation is impartial and lawful.
We have a specialist reputation management team that can advise
on handling the media to minimise reputational damage. We also have
a strong employment team who can advise regarding employment
We are happy to agree a staged fee approach to any work that we
If required, we can make clear recommendations or devise a
strategy for improved corporate governance, or provide regulatory
advice regarding financial services compliance, competition law,
money laundering, bribery and corruption policies.
Should any reports need to be made to the Board or regulator,
we can draft and prepare such reports and liaise with regulators to
minimise any impact.
In appropriate cases, Investigate + can be combined
with our Fraud + service product in order to identify,
preserve and recover any assets that may have been misappropriated
as part of fraudulent activity.
Preventing a crisis
Preventing a crisis and issues arising in the first place is the
best cure. We can help you devise an effective strategy to minimise
the risk of being a victim of fraud and corruption. Consider the
following to avoid problems arising: - Our team can work with you
to create an internal education program to enable your staff to
become more aware of situations that may expose your company to
fraud, or to highlight bribery and corruption issues.
We can design bespoke seminars to educate your staff on the
latest legislation that may affect them. For example, under The
Bribery Act 2010, corporate gift giving and corporate hospitality
may give rise to potential allegations of corruption.
Do you have appropriate insurance to protect against loss?
Directors and Officers (D&O) insurance can protect management,
whilst Fidelity insurance can protect against acts of employee
fraud or dishonesty.
We can assist in preparing compliance manuals, anti-corruption
compliance programs, money laundering and whistle blowing.
We can advise regarding the benefits of employee screening and
crisis response plans.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The recent case of Petroleo Brasiliero v E.N.E. Kos 1 Limited is a timely example of how the historical principles of bailment remain highly relevant today and how the law on bailment is still developing.
After three years of consultation, new Companies House registration requirements have now come into force and apply to charges created on or after 6 April 2013 by companies and limited liability partnerships registered in England and Wales.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”