Corporate Crime and Investigations

Comprehensive support

Facing a local or cross-border bribery and compliance investigation requires advisers who know the law and can also offer broader reputational and crisis management expertise, including dealing with investor and public relations, insurance and employment issues, as well as disciplinary proceedings and ensuing litigation brought by enforcement authorities or third parties.

Expertise in investigations and compliance

Our expert investigation teams across the globe partner with clients to investigate bribery and corruption, whether revealed by whistleblowing, an issue spotted through a routine audit, or prompted by a regulator or prosecutor. We also assist companies with embedding an anti-bribery and corruption compliance culture by developing a workable international framework, and providing internal audit and monitoring programmes and training. We advise on proportionate risk-based due diligence of contractual partners and the inclusion in contracts of tailored anti-bribery and corruption warranties and indemnities as well as audit, investigation and termination rights.

Increasing AML enforcement

Businesses are facing increasing and changing anti-money laundering (AML) enforcement. The effect of international and supra-national agencies, which support governments in their efforts to control money laundering, is increasingly visible. Our team has extensive experience working with and advising clients on the strict rules surrounding money laundering and the financing of terrorism. We think hard about the money laundering risks which are particular to our clients’ industries and sectors, and work with them to mitigate risks, including by advising on the design and implementation of strong AML programmes, training programmes and controls testing.

Advising on navigating investigations

We are also experienced in the investigation and prosecution of money laundering offences and our criminal litigation expertise helps us to advise clients on navigating such investigations and prosecutions, whether domestic or cross-border mandates. In doing so, we keep front of mind the strategic and commercial implications of suspected money laundering.

Experience across market sectors

Our global team has decades of experience advising clients worldwide on domestic and international cartel investigations and prosecutions across the full spectrum of market sectors, including pharmaceuticals, financial services, mining and natural resources, transport, utilities and energy. We have also assisted immunity applicants in global cartels and worked with clients to successfully minimise follow-on litigation and class action liability. We have advised executives personally, as well as Boards, on responding to whistle-blowers and investigations. This breadth of experience informs our work with clients in this increasingly criminal area of corporate conduct.

Advice on full lifecycle of investigations

Our integrated team of expert lawyers, litigators and economists also has extensive experience, and an exceptional track record, advising on the full lifecycle of investigations; from the first investigatory step through to final decision, appeals and subsequent damages claims. We provide pragmatic, client focused advice to help navigate the many challenges raised by these complex and often long running matters.

Responding urgently and effectively to a dawn raid is key to protecting a company's legal position in a competition investigation. Our team is ready to assist across the globe having the detailed knowledge and expertise to respond effectively in relation to increasingly multi-jurisdictional and multi-disciplinary investigations, working to ensure your interests (including privilege and confidentiality) are protected at all times. Critically, we understand how priorities, strategy and necessary preparation have changed with the advent of the high-speed electronic search software now deployed by most competition authorities.

Increased regulatory scrutiny

Companies with strong market positions often face additional scrutiny from antitrust and sector regulators. We draw on our depth of experience in this area both from defending the strategies of dominant companies and protecting the commercial interests of their competitors and customers. Our integrated economics expertise gives us deep understanding of the nuances of market power analysis. We use this solid foundation to provide clear and effective commercial advice on each client's business strategies.

Navigating investigations across concentrated industries

We frequently advise on areas where the law may be unclear or under-developed and where precedents and guidance may be conflicting. Through investigative work and expert advocacy, we have successfully assisted many clients in navigating investigations across concentrated industries. Our multi-jurisdictional and multi-disciplinary team works together to advise clients on strategy development, providing robust, commercial advice on addressing and managing this important area of risk. The breadth and depth of experience underpins our strategic insights and our incisive and pragmatic commercial advice on our clients’ business strategies.

Increased regulator reviews

Market and sector investigations are an increasingly important tool for antitrust and sector regulators to review markets that may be perceived not to be working well for customers and consumers. Regulators have significant remedial powers at the end of market investigations, which often involve analysis of a complex mix of competition, regulatory and policy considerations.

Multi-disciplinary expertise

Our team has the in-depth knowledge to guide and support clients facing potentially industry-changing investigations in any sector, wherever they arise. Our integrated team of expert competition lawyers and economists offers multi-disciplinary expertise at each stage of an investigation, mirroring the teams fielded by regulators and aiming to deliver the best and most efficient outcomes for clients.

Depth of knowledge

When facing regulatory investigations and proceedings, clients need advisers with a depth of knowledge of financial regulators and regulations to help them to react and respond in the most impactful way.

Offering the full range of services

We work hand in hand with our dispute resolution and contentious regulatory practice, as well as our global finance practice, to deliver the complete picture on how clients should respond to and investigate financial regulatory investigations. This collaboration provides the foundation for helping develop effective strategies for clients in enforcing rights, recovering money or assets, defending claims and assisting with internal or regulatory investigations.

Ever evolving international regimes

International sanctions regimes and trade wars continue to evolve and create compliance challenges, particularly for cross-border business relationships. Each client's sanctions risk exposure depends on many factors, including jurisdiction, industry, company structures, product offerings and supply chains, as well as ability to manage compliance.

Experts in international sanctions

Our sanctions team draws on our Corporate Crime practice's investigatory and criminal law expertise. Our team has handled cases before OFAC, OFSI, HMRC and the UK National Crime Agency, including both voluntary disclosures of breach and investigations. We monitor legal and political developments to provide up-to-date responses to help navigate the continually changing sanctions framework. We work with clients from diverse sectors, including financial services, retail, commodities, oil and gas, infrastructure, transport, telecommunications and media.

Keep up to date with developments in international sanctions and export controls with our Insights

Global focus

Regulators and prosecutors around the world are increasing the enforcement of misconduct which affects markets. Open markets play a fundamental part in supporting the economy, and in times of economic pressure, regulatory authorities take an even firmer stance against conduct which abuses normal market operations.

Global expertise

Ashurst can help companies, their boards of directors and senior executives in corporate crisis to navigate issues such as the management of inside information, market disclosures, and the prevention, investigation and enforcement of insider dealing and market abuse. Our global team provides the required insight, advice and support to clients in all industries, across multiple jurisdictions and at every stage of the investigative and prosecution process. Our team also works with clients on proactive risk identification and mitigation, reputation management, as well as advising on remediation, training and improvements to internal systems and controls.

Managing fraud risk

In the digital age, fraud risk has accelerated and it is critical to have fraud mitigation measures and continuous monitoring in place to address new challenges successfully.  It is also imperative to act quickly when fraud is discovered.

Acting quickly

Our global fraud and asset recovery team advises multinational corporates, financial institutions and government entities in conducting internal investigations into fraudulent activity, facing enforcement authorities in criminal fraud matters and advising on litigation strategy in civil actions, as well as working to recover misappropriated company property. We can assemble an experienced team at short notice to conduct a fraud investigation or obtain urgent injunctive relief in jurisdictions all over the world.

Delivering investigations you can rely on

Our global Employment lawyers can assist you to handle any internal alerts you may receive as soon as they are issued, throughout the implementation of an internal investigation, and take appropriate action based on the outcome of the investigation. Our team has in-depth experience in carrying internal investigations into alleged misconducts (moral harassment, sexual harassment, bullying etc.) by employees, contractors, managers and corporate officers whether as a result of grievances raised by other employees, whistleblowers, unions and/or employee representatives. We can also support you in implementing internal investigations on your own or with the involvement of employee representatives, e.g. the works council. We provide tailor-made documentation for these investigations (questionnaires, investigation reports, etc.) and, if necessary, interview the concerned parties.

As employment law experts, we understand the employment regulatory framework in your jurisdiction which is critical to conducting an investigation that you can use in any subsequent disciplinary action or litigation. In addition, as lawyers we can provide you privileged and confidential internal investigation reports.

Helping your internal experts to investigate

With decades of workplace investigations experience, we can also provide your people with the training and tools they need to conduct internal investigations themselves. This hands-on investigation training uses realistic case scenarios and skill building activities.

Available 24/7

Where an issue is raised about work health and safety compliance, our team of WHS experts can assist. We understand that investigations into safety concerns, whether of a physical or psychological nature, are often sensitive, urgent and reputationally critical.

A risk management approach

With an understanding of WHS risk management from decades of experience advising public and private sector clients on WHS compliance and incident response, we understand that these investigations are different to other forms of worker misconduct investigations.

Where expert technical input is required, we know who to engage to help quickly and comprehensively to identify any risk and we can advise you on how to eliminate it, or where that is not practicable, minimise it.

Helping mitigate adverse impacts

Tax disputes can be highly complex and have significant implications for our clients' businesses, incurring significant costs, involving potential reputational damage and taking time to resolve. Resolving these disputes as swiftly and efficiently as possible is therefore essential to mitigate their potential adverse impact.

Technical experience with a commercial mindset

Our tax team has extensive experience advising at all stages of domestic and cross-border tax disputes and contentious discussions, providing our clients with comprehensive technical expertise with a commercial mindset to help navigate all stages of tax disputes efficiently and effectively. Our full service offering encompasses assisting with audits and reviews, the negotiation and settlement of disputes, case preparation and management, and advocacy in tribunals and higher courts as well as through alternative dispute resolution processes (whether through domestic ADR proceedings or those governed by international tax treaties and EU directives).