The investigation of potentially non-compliant practices by enterprises is high on the agenda of competent authorities around the globe. Reports of new proceedings being launched appear almost daily. Every company may face allegations. Every company can become the target of a regulatory investigation. Regardless of whether an internal whistleblower files a report or allegations are raised by authorities or third parties, if the situation is not handled properly, companies may suffer not only severe regulatory sanctions (in individual cases in the billions), but also reputational damage, loss of revenue, value and confidence, which could be irreparable at worst.
These risks are intensified by a trend currently seen in the media to seize upon alleged unlawful acts committed by major companies at a very early stage. It is important for board members, managers and in-house counsel to respond properly and swiftly to suspicions of wrongdoing. If there is reason to suspect that potentially illegal or even criminal activities have been carried out in the company, the incidents must be investigated decisively and thoughtfully.
A thorough and swift clarification of the issue will ensure the management's ability to act and remain in the “driver’s seat”. Risks can be assessed and ultimately controlled only when the facts are known. Clarifying suspicions swiftly and comprehensively, identifying a legally sound response strategy and supporting you in its implementation in Germany and abroad – this is what we offer.
Please do not hesitate to contact us.
News & insights
News: 10 DECEMBER 2019
When asked about global risks affecting their businesses, nearly three fifths (58%) of directors stated that technological advances (artificial intelligence and machine learning) are the most significant threat. This is according to the seventh annual Directors’ Liability report by international law firm Allen & Overy, in conjunction with Willis Towers Watson (NASDAQ: WLTW), the global risk advisory and insurance broker.Read more
Publications: 14 NOVEMBER 2019
Recent developments in the U.S., UK and Germany have cast a spotlight on the interplay between corporate internal investigation interviews and investigations by, and cooperation with, the authorities. Interviewing company employees is often a key part of an internal investigation.Read more
Publications: 28 AUGUST 2019Read more
Publications: 11 OCTOBER 2018
The much publicised raid of U.S. law firm Jones Day’s Munich office and the seizure of documents relating to VW’s internal investigation by prosecutors in an investigation of Audi AG were legal, according to German courts. A constitutional complaint by the law firm, its client (VW) and individual German Jones Day lawyers has recently failed. The rulings highlight the (now familiar) tension in a corporate wanting to carry out an internal investigation, with external legal assistance, without fear of the internal investigation documents being disclosed to investigators: Federal Constitutional Court, orders dated 27 June 2018, file numbers 2 BvR 1405/17, 2 BvR 1780/17, 2 BvR 1562/17, 2 BvR 1287/17, 2 BvR 1583/17.Read more
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Chambers Europe 2017: Dispute Resolution, Germany