Risk Management Portal

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    “A uniquely competent firm
    in complex cross-border investigations”

    – Chambers Global

    “A uniquely competent firm
    in complex cross-border investigations”

    -Chambers Global

    “A uniquely competent firm
    in complex cross-border investigations”

    – Chambers Global

    “A uniquely competent firm
    in complex cross-border investigations”

    -Chambers Global

    “A

    uniquely competent

    firm in complex cross-border investigations”

    – Chambers Global

    “A uniquely competent firm in complex cross-border investigations”

    -Chambers Global

    Our PracticeIntroduction

    Mayer Brown’s Risk Management practice has exceptional strength and depth across all major areas of regulatory and corporate risk, underpinned by its distinctively global reach and its experience in handling the most complex regulatory investigations and litigation.

    Our Risk Management team has a substantial presence and extensive reach across four continents. We are the only law firm in the world with approximately 200 lawyers in each of the three largest financial and business centres, New York, London and Hong Kong, the backbone of the global economy. In jurisdictions in which we are not physically present, we have excellent relationships with many of the major independent local law firms.

    Our “one firm” culture provides a seamless and integrated experience with a clientcentric and holistic approach. We offer a complementary range of services tailored to our clients’ needs. Prevention is better than cure and we are used to working with many of the world’s largest organisations to carry out risk assessments and implement risk-based compliance measures in a sensitive and robust manner.

    Across the full spectrum of our Risk Management practice, our team includes many former senior enforcement officials with a deep understanding of international best practice and how the regulators operate and think.

    In order to assist our clients to prioritise and manage the complex and interconnected set of risks that they face, we have developed a suite of innovative online tools and apps.

    To discuss how we might be able to assist you, please contact any of the lawyers named in this booklet or your usual Mayer Brown contact.

    Our PracticeAnti-Bribery & Anti-Corruption

    Combating corruption has become one of the highest priorities for enforcement agencies in the Americas, the United Kingdom and Asia.

    Our highly experienced lawyers can offer clients an allencompassing solution to ensure compliance with an increasingly global framework of anti-corruption statutes, including the UK Bribery Act 2010 and, in the United States, the Foreign Corrupt Practices Act (FCPA). These have constituted a major impetus behind anti-corruption investigations and enforcement actions, and there has been an unprecedented rise in the intensity of enforcement under anti-corruption statutes in other countries as well.

    Our worldwide team includes former government prosecutors and compliance lawyers with decades of experience in every facet of anti-corruption regulation and enforcement. In the United States, our work addresses both the anti-bribery provisions and the accounting provisions of the FCPA as they apply to domestic and foreign issuers of securities in the United States, as well as to non-issuers. Across our network of offices, we offer comprehensive guidance and counselling, including advice on corporate compliance programmes, prospective transactions, internal investigations and enforcement proceedings.

    We conduct compliance assessments to identify strengths and weaknesses in existing compliance programmes. Additionally, we help companies formulate compliance policies, address specific implementation issues in the context of particular corporate cultures and multinational operations, and prepare training and other educational materials, among other key practices, to ensure compliance.

    We have extensive experience in handling internal corporate investigations, including those addressing possible violations of the books-and-records, internal controls and anti-corruption laws generally. We have worked with inside counsel, internal auditors and external auditors to assemble and review documents, to interview directors and current and former employees, and to advise boards of directors and audit committees on the results of investigations. We are familiar with the complexities of multinational investigations, and are sensitive to issues raised by local data privacy and employment laws, as well as blocking statutes and have considerable experience in coordinating the work of foreign counsel, when needed, in such investigations.

    Our PracticeAnti-Money Laundering

    Money laundering is most commonly seen as a concern for regulated financial institutions. In many jurisdictions, legislation aimed at combating money laundering and terrorist financing can create risks and obligations for any corporate entity. Our lawyers have considerable experience in advising on the management of anti-money laundering risk, covering systems and controls (including drafting and reviewing risk matrices, policies and procedures for customer due diligence), drafting and negotiating anti-money laundering protections and warranties in contracts, notifying the authorities of suspected third-party money laundering, and responding to allegations of breaches of applicable legislation (including conducting internal investigations and dealing with regulatory and prosecuting authorities).Our experience is derived from advising both regulated financial institutions and unregulated corporate entities in a wide variety of industries, including oil and gas, shipping, construction, gambling and publishing.

    While money laundering risks can affect any company, the requirements the legislation imposes on unregulated entities is generally far less onerous than for financial institutions, and our lawyers understand this.We assess the unique characteristics of the business in question and apply risk-based solutions that are proportionate to the industry and its particular obligations. We have also performed numerous internal investigations that have enabled companies to identify compliance failings and to institute remedial measures, including, where necessary, to negotiate settlements with the relevant authorities.

    Our PracticeAntitrust & Competetion

    Our Antitrust & Competition team includes more than 70 lawyers practicing competition law throughout Europe, Asia and the Americas, including a number of former senior enforcement officials, and operates as a single, seamless practice.

    We provide risk management and compliance services to many of the world’s largest companies. Our aim is to provide practical solutions and to help our clients to achieve their commercial objectives whilst ensuring that they remain in full compliance with all applicable competition laws in relation to day-to-day operations, commercial agreements and transactions. We provide tailored compliance advice and dawn raid preparedness guidance and have in-depth experience of conducting complex and sensitive internal investigations, using state of- the-art processes and technology.

    Members of our team have represented clients in relation to many of the largest international cartel investigations and have been active at the cutting edge of the development and growth of leniency regimes in Europe and worldwide, as well as advising on settlement, follow-on damages actions and criminal law aspects. We also regularly assist clients in relation to complex merger control matters and have successfully defended (and intervened against) some of the world’s largest mergers. We have successfully advised companies accused of abuse of dominance and brought complaints and legal challenges against dominant companies.

    Such cases place tremendous pressures on companies, their management and in-house legal teams, who can be faced with the need to respond rapidly when an investigation is launched or a possible breach of the competition rules is discovered. We appreciate that the issues are rarely straightforward, and have extensive experience working with major global groups to co-ordinate their responses internationally before multiple regulators, often over a period of many years.

    We are familiar with the tensions between civil and criminal law aspects, the interplay between competition law and sectoral regimes, the implications of likely follow-on damages claims, and the complications raised by the multiplicity of jurisdictions that are frequently involved (for example in relation to legal privilege, confidentiality waivers and disclosure). Through the participation of members of our team as non-governmental advisors in the International Competition Network (ICN), we are in close touch with the ongoing evolution in competition policy worldwide and have excellent contracts at a senior level with competition authorities worldwide.

    Our PracticeContract Risk

    We advise clients on a broad range of commercial agreements, from complex supply chain agreements through to manufacturing, logistics, distribution, services and outsourcing agreements. We believe that the key to managing contract risk across sophisticated businesses is early identification of business critical areas of regulatory, operational and legal risk, with a strong emphasis on finding practical solutions to enable our clients to achieve their commercial objectives.

    The lawyers in our commercial dispute resolution practice have represented clients in virtually every type of business and commercial dispute, giving them a deep understanding of the sort of contractual protection that can reduce the prospect of litigation when a commercial relationship comes under strain or ensure that there is an opportunity to renegotiate or exit from that relationship on favorable terms.

    The scope of any contract risk review exercise should be informed by the client’s priorities and commercial objectives but will often focus on those contractual arrangements that are largest by size or that present the greatest commercial risk (such as key participants in the supply chain or crucial outsourcing arrangements) or standard terms that govern multiple ongoing relationships.

    The review can be tailored to address any particular areas of concern, but it would typically focus on the parties’ termination rights, liability exclusions and caps (and whether they might be vulnerable to challenge), dispute resolution clauses, and cross-border enforcement and any customs and regulatory risks.

    It can also look at how performance can be monitored and measured to catch emerging disputes at an early stage, when there is often a better prospect of achieving a commercial resolution and avoiding costly future litigation.

    Although individual contracts are often bilateral, they exist as part of a more complex network of rights and obligations involving multiple parties, so it is important to understand and manage the knock-on effect of a provision in one contract on that network. An obvious example would be checking the extent to which exposure to customer liability or customs/regulatory requirements can be passed along the supply chain and managing any differences in liability caps or other obstacles to passing liabilities along that chain.

    We appreciate that pressure on legal budgets will often limit the scope for a comprehensive review of contract risk, at least as a stand-alone exercise. But, where key contract documents are being reviewed for another purpose (for example, to respond to competition or other regulatory risks) a contract risk review can be incorporated into that existing review exercise.

    Our PracticeCorporate Governance

    The first goal of our global Risk Management team is to help our clients manage enterprise risks, including legal compliance risks, effectively. This starts with assisting our clients to establish and
    maintain a comprehensive governance framework that allows directors and executive management to guide their organisations effectively in an increasingly complex and interconnected global environment. We help our clients to implement frameworks that are tailored to their individual circumstances. We also assist our clients to adapt that framework as their business changes and to respond to critical events.

    Our Corporate Governance practice brings together highly experienced lawyers from the firm’s Corporate & Securities practice who partner with lawyers from a wide range of specialist practice areas to advise boards of directors and board committees (including audit, nominating and governance, compensation and special committees) on board oversight responsibilities and the governance requirements of applicable laws, regulations and securities exchanges worldwide. In this context, we develop governance guidelines; codes of conduct for directors, officers and employees; policies and procedures to support boards of directors and their committees; and other elements of an effective enterprise risk management programme that are designed to preserve our client’s reputation before all relevant constituencies, including employees, suppliers, regulatory authorities and customers.

    We work with audit committees on auditor retention, auditor independence and monitoring of the client’s implementation of disclosure controls and procedures. We also work closely with compensation committees to structure programmes for board members and executives that support the achievement of the company’s business plan in a manner consistent with its risk management policies.

    We recognise that many risks can be mitigated but not wholly avoided in today’s environment Accordingly, an effective enterprise risk management programme must not only exemplify appropriate conduct and deter injurious conduct by employees and third party agents; it must also be able to facilitate the detection of and a prompt response to, and rectification of, any incident. We advise companies on the establishment of whistleblower policies and procedures for conducting internal investigations. An integral part of our Corporate Governance practice is advising management and boards of directors on change and crisis management. As part of this advice, we assist companies with incident response planning and related disclosure obligations, and also to develop responses to regulatory inquiries and investigations.

    Our PracticeCybersecurity & Data Privacy

    In today’s technology-driven environment, the potential magnitude of cyber risk is high.

    Technology has made it easy for companies to collect, copy and transfer personal data around the world. Many clients seek to take advantage of this through centralized systems and service providers, often resulting in the need for cross-border data transfers. At the same time, new privacy and security laws in a number of key jurisdictions—including the European Union, United States, Canada, Hong Kong, Russia and Australia—are imposing complex requirements and challenges for multinational organisations.

    Mayer Brown’s Cybersecurity & Data Privacy practice has advised numerous multinational companies on their development and implementation of global cybersecurity & data privacy programmes. We focus on developing strategies that allow clients to prioritise and manage risk across their enterprises in a proactive and co-ordinated manner. We bring a multidisciplinary and global approach to this work to help address the full range of operational, legal and financial risks posed by cyber threats.

    We believe in proactively incorporating cyber crime management and processes in all business activities, focusing on the areas that matter the most. Managing cyber risk may involve incident preparation and response, litigation, governance, vendor and supply chain management, and regulations and compliance. Our deep experience and understanding in these areas allows us to help clients understand and anticipate the cyber risks that they face and to minimise any legal, economic or reputational harm in the event those risks are realised.

    Our PracticeEmployment & Immigration

    Our global experience covers all aspects of employment, employee benefits, equity and incentive plans, ERISA, pensions, global mobility and migration. Our advice extends from proactively anticipating and avoiding issues to navigating and resolving matters once they become concerns.

    We have the flexibility, on-the-ground experience and dedicated resources to help clients organise, manage, monitor and anticipate the movement of people around the globe. In an era in which host governments are dynamically changing regulation of the movement of talent across borders, our lawyers are adept at identifying exceptional solutions that inspire confidence in your executive and professional corps. We handle applications for visas and other work authorisations in jurisdictions worldwide and use sophisticated software to track visa, work permit, and residency deadlines while keeping the company leadership and your mobile work force fully informed.

    Where employment and regulatory issues meet, such as where an employee is suspected of breaching regulatory rules, we are experienced in advising our clients on the tensions that arise. Our experience includes conducting internal investigations, assessing disclosure obligations, responding to government investigations and audits, and developing resilient standards and controls to protect your organisation. Our proprietary technology provides a secure repository for data retention, including a Compliance Center to prepare you for future audits anywhere in the world.

    We help audit clients’ internal processes for immigration compliance and develop remediation plans for both regulatory compliance and cost optimisation. Mergers, acquisitions and other transactions can also impact visa status and are frequently accompanied by workforce reductions. We know this landscape well and can provide a thorough analysis of the steps to be taken on a country-by-country basis and an implementation timeline. We also advise companies entering new markets on their strategies for hiring personnel transferring to or being hired for the new location. We can similarly update your pensions plans, develop harmonised global employment policies and benefits plans, and help manage high-risk concerns, such as global business travel or the use of third-party on-site vendors.

    Our PracticeEnvironmental & Safety

    Mayer Brown’s Environmental & Safety practice offers marketleading globally integrated support on the full range of environmental and operational business risks. We act for a range of Fortune 50 and FTSE 100 corporations across the globe and our group’s solution-orientated service is widely recognised.

    We have the specialist knowledge to advise across the board on all environmental and safety issues facing our integrated global clients. These include:

    Environmental and safety compliance and governance;
    Sustainability policies (including green procurement policies);
    Environment and safety regulatory investigations, prosecutions and civil claims;
    Carbon reporting and carbon trading schemes, as well as cleaner fuel requirements and clean energy and energy efficiency initiatives;

    Corporate reporting (including environmental, safety and human rights issues);
    Waste (including cross-border shipment of waste);
    Human rights due diligence
    Toxic tort and contaminated land
    Our specialist capability enables us to support our clients to realise the full value of a robust sustainability strategy by combining a broad-ranging understanding of relevant legal obligations with an intimate appreciation of best practice standards (including the Global Reporting Initiative, UN Guiding Principles on Business and Human Rights, and the UN Guiding Principles on Responsible Investment).

    Our PracticeFinancial Services Regulatory & Enforcement

    Our Financial Services Regulatory & Enforcement (FSRE) practice is sought out by financial institutions and regulators alike for the insight and analysis we provide on complex global issues.

    We address the needs of global and national financial services organisations, including banks, credit card companies, brokerdealers, consumers of finance firms, insurance firms, asset managers, money services businesses, funds and collective investment schemes and their trade associations. Financial institutions comprise a significant percentage of our client base, and we are proud to represent over two thirds of the world’s largest banks as clients.

    With offices and affiliated law firms in the key business centers around the world, we are able to provide comprehensive counseling on the full range of regulatory, risk management, compliance and enforcement issues facing the global financial services industry.

    Our lawyers appear on behalf of clients before the major regulatory and enforcement authorities, including, in the United Kingdom, the Financial Conduct Authority (FCA), the Prudential Regulation Authority (PRA) and Lloyd’s of London; in the European Union regulatory bodies including the European Central Bank, and the European Securities and Markets Authority; in Germany, the German Federal Financial Supervisory Authority; in the United States, the Board of Governors of the US Federal Reserve, the Department of the Treasury, the Federal Deposit Insurance Corporation (FDIC), the Office of the Comptroller of the Currency (OCC), the Securities and Exchange Commission (SEC), the Commodities Futures Trading Commission (CFTC), the Consumer Financial Protection Bureau (CFPB), the Financial Crimes Enforcement Network, and the Office of Foreign Assets Control (OFAC); and, in Asia, the Hong Kong Monetary Authority and the Securities & Futures Commission of Hong Kong.

    Our team includes a number of former officials of regulatory bodies, such as the UK FCA and its predecessor, the Financial Services Authority (FSA), the US Department of the Treasury; the SEC; the OCC; and the CFPB.

    We help clients contend with the licensing, reporting and compliance requirements that affect all aspects of financial services company operations on a daily basis. More importantly, we leverage our experience and global platform to identify emerging trends and to develop strategies that position our clients to best take advantage of market opportunities.

    In today’s environment, it is not always possible for financial services firms to avoid supervisory scrutiny or enforcement proceedings. Contested proceedings with regulators can be inevitable, whether through a failure to implement required policies and procedures or to adhere to specific regulatory requirements in the delivery of products or services. When these situations arise, we help clients conduct internal investigations to understand the scope of the problems, assist them with developing remedial strategies and represent them in negotiations before regulators. If these result in ongoing remedial obligations, we assist our clients to comply, as well as to navigate the demands of compliance monitors that we increasingly see regulators require as a condition of settlement. Mayer Brown’s crossborder capabilities and experience with multijurisdictional matters have proved invaluable to clients facing these circumstances.

    We are proud to have been repeatedly recognised as a leading financial services regulatory practice by Chambers Global, Legal 50, IFLR 1000 and USA Chambers.

    Our PracticeFraud & Asset Recovery

    Working in conjunction with lawyers from our network of offices across Europe, Asia and the Americas enables us to provide our clients with an integrated global service to pursue fraud claims and recover assets from around the world.

    Mayer Brown’s Fraud & Asset Recovery practice is comprised of dedicated and highly skilled lawyers from our Litigation and Restructuring & Insolvency teams. The practice is supplemented with lawyers from the firm’s specialist teams (including financial services, corporate and regulatory enforcement) as required, enabling us to give full support to our clients at times when getting the right advice promptly may be vital.

    Fast-moving fraud and asset recovery issues need to be addressed in a timely and effective manner. Our team has a wealth of experience in working with our clients to help them with complex, multijurisdictional and high-value fraud and asset recovery allegations to help minimise and avoid extreme financial, legal, reputational and litigation impact.

    Our work on fraud cases often includes advising clients on fraudulent misrepresentation, investigations, breach of trust, asset tracing, and recovery and remedies, including provisional liquidator appointments, injections and freezing orders. In all cases, we focus on achieving clear and realistic objectives, balancing the cost and inconvenience of proceedings against the likelihood of success.

    The practice has experience working with banks, insolvency practitioners, asset-based lenders, pension trustees and corporate clients across a variety of industries, including financial services, health care, energy and life sciences.

    Our PracticeGovernment Contract Compliance

    Doing business with governments or their prime contractors can introduce special problems and risks that require counsel experienced in dealing with the law and regulations, as well as the business and compliance culture of various defense and civilian agencies. At Mayer Brown, we understand the opportunities and challenges of doing business with diverse government bodies.

    In the United States, we have 30 years of experience in the sector representing companies involved as prime contractors, subcontractors or suppliers from virtually every industry. Our practice
    encompasses regulatory advice, litigation and compliance. Frequently we assist clients in regard to all three aspects of their government-business relationship. The increased resources devoted by thegovernment to oversight and investigations, as well as multiple rules that affect all aspects of the supply chain, have heightened the need for companies that participate in government contracts to

    Our practice includes leading members of the government contracts bar with the optimal balance of skills and seniority levels needed to address the challenges and problems our clients face. Whether negotiating terms, addressing liability issues, clearing regulatory hurdles, handling a contract dispute (through litigation or ADR), pursuing a bid protest, developing and maintaining a complianceprogramme and training, defending against audits, conducting business system reviews, and performing investigations, we have the necessary skills and experience to help contractors work successfully in the federal market.We also draw upon the firm’s global resources to best address our clients’ government contract needs. We interact regularly with DOJ Civil Fraud attorneys and with the Inspectors General and Suspension and Debarment Officials of Department of Defense agencies,

    as well as other agencies. We have found that representing clients involved in complex matters can involve multidisciplinary skills, and we often work with our colleagues in the White Collar practice if it appears that a matter may develop criminal implications or with lawyers in the transactional practice where issues focus on commercial business structures (which may not be well understood by the government).

    Our work in the compliance area frequently involves advising companies with respect to their approach and protocols for compliance with the Mandatory Disclosure Rule and negotiations with the Inspectors General and Suspension and Debarment Officials.

    We advise contractors with regard to audits and investigations of government contracts and programmes. We also conduct internal investigations in order to advise clients about risks and potential exposure. For example, we have represented a large technology company in connection with a mandatory disclosure regarding its pricing practices. We represented a major manufacturing firm in a years-long investigation that was instigated by a qui tam relator. We are currently representing a major defense contractor in connection with an investigation of its business systems and accounting practices.

    In Europe, we have extensive experience of advising on the EU public procurement rules, and, in our offices throughout the world, we are familiar with a broad spectrum of legal, contractual and policy issues that arise in dealing with governments in a wide variety of context (for example, foreign investment rules).

    Our PracticeInternational Trade & Customs

    Mayer Brown’s International Trade lawyers and practice professionals offer strategic advice, advocacy and litigation services to governments, trade associations and leading multinational companies that are seeking to profit from the opportunities presented by a global economy and mitigate the risks inherent in an increasingly complex regulatory environment.

    With experienced lawyers and other trade professionals in offices around the world, Mayer Brown’s International Trade practice helps clients understand trade policies and comply with local and international trade laws in order to capitalise on opportunities and overcome market barriers.

    Our team includes experienced senior trade/customs professionals and lawyers from the Americas, Europe and Asia. Among them are a former US Secretary of Commerce and two former US Trade Representatives, a former EU Ambassador to the United States, a former member of the US Congress, a former senior counsel at the US Department of Commerce, a former senior trade official with the Singapore government, the former policy director of the US House of Representatives Committee on Ways and Means, a former US Senate Finance Committee staff member, and former senior officials with China Customs and New Zealand’s Customs Service. Such credentials give us the kind of credibility with senior government officials that can help clients open markets, comply with trade laws and resolve trade disputes.

    In the field of trade defense investigations (anti-dumping, antisubsidy and safeguard), we assist our clients in following strategies and implementing measures to reduce the risk of such investigations being initiated. Alternatively, we assist clients in determining whether they can bring anti-dumping, anti-subsidy and safeguard actions. Our team’s reach is global and our assistance in this field is global.

    n the field of customs, instituting effective compliance programmes is crucial to a company’s ability to prevent violations from occurring and to mitigate potential penalties in the event that a violation occur. We work with clients to develop and implement internal compliance programmes that reduce the risks of customs violations. We also conduct compliance assessments that identify strengths and weaknesses in existing compliance programmes and ensure that importers have the necessary systems and support to respond to regulatory audits throughout the world. Mayer Brown’s International Trade lawyers and practice professionals offer strategic advice, advocacy and litigation services to governments, trade associations and leading multinational companies that are seeking to profit from the opportunities presented by a global economy and mitigate the risks inherent in an increasingly complex regulatory environment.

    As part of our efforts, we help our clients’ legal and compliance teams to formulate compliance policies, address specific implementation issues in the context of particular corporate cultures and multinational operations, prepare training and other educational materials, draft compliance certification instruments, and counsel internal auditors on the evaluation of customs compliance programmes.

    We have extensive experience in handling all types of proceedings before customs authorities. We frequently consult informally with customs authorities to determine how they would apply the customs regulations to a particular set of facts. We also help clients apply for rulings and file protests.

    We represent clients in enforcement proceedings, both in the context of voluntary disclosures and in agency-initiated penalty actions. We have appeared before the US Court of International Trade, the US Court of Appeals for the Federal Circuit, and the US Supreme Court to challenge rulings and ruling revocations, numerous administrative decisions and regulatory changes. We have also assisted Canadian importers at the Canadian International Trade Tribunal on appeals of Canadian Border Services Agency decisions. We represent clients before the European Commission, the EU courts and the EU Member State authorities. Our lawyers have been involved in matters arising before the Eurasian Economic Commission and before the Court of the Eurasian Economic Union.

    We assist clients in handling all types of proceedings before customs authorities in the Asia-Pacific region, such as China Customs, the Anti-smuggling Bureau in China, the Thai Customs Department, the Thai Excise Department, the Thai Economic Police, the Indian Central Board of Excise and Customs, the Korea Customs Service, Vietnam Customs, the Royal Malaysian Customs, Singapore Customs and Indonesian Customs. We assist clients in other jurisdictions working with local counsel as needed.

    We not only advise on the substance of the World Customs Organization (WCO) and World Trade Organization (WTO) provisions in relation to the Harmonized System, the WTO Agreement on Customs Valuation or the process toward the harmonisation of non-preferential rules of origin within the WTO, but we also assist clients daily on the implementation of WCOrelated strategies. Thus, we advise clients involved in customs valuation disputes in WTO countries on the merits and demerits of convincing WCO members to bring questions to the WCO.

    Our PracticeLitigation Class Actions

    Our Litigation & Dispute Resolution practice handles our clients’ most important cases; these are often of high value and involve reputational issues, as well as being of considerable legal and/or technical complexity. Our approach is to work closely with our clients to advise them as to the strengths and weaknesses of their position at the earliest practical stage. In that way, we can work jointly with our clients throughout the process, formulating appropriate objectives and putting in place a strategy to help achieve them.

    We are trusted by clients to act for them in high-profile and high-value claims involving allegations of breach of contract, mis-selling, misconduct, misrepresentation, deceit, dishonest assistance or breach of duty. We are experienced in undertaking recovery of assets for clients that have been the victims of commercial fraud, as well as defending clients accused of facilitating the dishonest activities of third parties.

    We combine local knowledge with worldwide reach to deliver service levels that exceed expectations. Our experience of complex multijurisdictional disputes, coupled with our approach of developing a deep understanding of our clients’ business, helps us to deliver a speedy and efficient dispute resolution service. We recognise the importance of a rapid response for our clients in cross-border cases where assets and value are often at immediate risk.

    Our litigation team includes top-tier class action lawyers who have defended high-stakes class action disputes brought against product makers, chemical manufacturers, financial services companies, telecommunications providers and members of the transportation industry than span multiple jurisdictions.

    Mayer Brown lawyers have extensive experience both of drafting provisions of standardised consumer contracts and defending them in court. Defending class action litigation requires a legal team that offers strategic vision and tactical mastery. Our lawyers excel at both. We bring to bear not only the litigation skills of our class action litigators, but also the comprehensive case-management services of our leading Electronic Discovery & Records Management practice and the acknowledged brief-writing capabilities of our US Supreme Court & Appellate practice.

    In partnership with our clients, we ensure that they are equipped to fight against class action disputes at every stage of the process. We ensure that our clients understand the key issues of the dispute, the risk and opportunities, and the defense strategies we will employ to secure a favorable outcome.

    Our PracticeSanctions & Export Controls

    The US government has become increasingly aggressive in enforcing its requirements for sanctions and export controls compliance. Heightened attention to national security after 9/11 and the five-fold increase in the penalties applicable to most sanctions and export controls violations have raised the stakes for all US companies that engage in international business, as well as for non-US companieswith a nexus to the United States. Correspondingly, the European Union has increased its own sanctions, affecting trade and business from North Korea to the Democratic Republic of Congo, with penalties varying by EU member states, but ranging from significant fines to imprisonment, even though their actual implementation is relatively exceptional, and out-of-court settlements more common. The latest parallel development in the United States and the European Union is the sanctions both imposed on certain Ukrainian and Russian entities and individuals following the developments in Ukraine and Crimea, with US sanctions reaching even further than the EU sanctions.
    Our Sanctions & Export Controls practice helps clients comply with, and navigate the intricacies of the US, EU, Asian and multilateral restrictions on exports and re-exports of software, technology, and goods. Our work includes commercial, dual-use and military controls, including controls on “deemed exports.” We also help clients with compliance issues arising under various sanctions programmes, both country-based and list-based. Because we are in frequent contact with sanctions and export controls regulators, our team understands how agencies interpret and enforce regulations in specific circumstances. Our team includes the former head of enforcement at the US Treasury’s Office of Foreign Assets Control, and our team members’ experience includes:Conducting risk assessments to identify and prioritise compliance risks;

    Developing and implementing internal compliance programmes to reduce the risk of sanctions and export controls violations by establishing compliance policies, internal training programmes, standard contractual safeguards, due diligence protocols for the engagement of intermediaries, compliance certification instruments, and internal auditor evaluations of sanctions and export controls compliance measures;
    Advising on particular export, re-export and investment transactions to ensure compliance with applicable sanctions and export control laws;
    Filing and facilitating export license, commodity classification and commodity jurisdiction applications, as well as license applications under sanctions programs;
    Representing clients in voluntary disclosures, regulatory proceedings, enforcement actions and delisting procedures before such agencies as the US Department of Commerce, the US Department of State, the US Department of the Treasury and enforcement authorities in EU member states;
    Representing clients in judicial reviews before the EU courts on issues related to the European Union’s sanctions policy, such as the statement of reasons for inclusion on the European Union’s sanctions lists and interim protection for those affected by the economic sanctions; and
    Advising on mergers and acquisitions of companies engaged in export business or international projects by helping clients perform effective due diligence on the compliance history and internal compliance processes of target companies, negotiating appropriate compliance provisions in acquisition agreements, and integrating the acquired business into our clients’ compliance programmes.

    Our PracticeIntroduction

    Mayer Brown’s Risk Management practice has exceptional strength and depth across all major areas of regulatory and corporate risk, underpinned by its distinctively global reach and its experience in handling the most complex regulatory investigations and litigation.

    Our Risk Management team has a substantial presence and extensive reach across four continents. We are the only law firm in the world with approximately 200 lawyers in each of the three largest financial and business centres, New York, London and Hong Kong, the backbone of the global economy. In jurisdictions in which we are not physically present, we have excellent relationships with many of the major independent local law firms.

    Our “one firm” culture provides a seamless and integrated experience with a clientcentric and holistic approach. We offer a complementary range of services tailored to our clients’ needs. Prevention is better than cure and we are used to working with many of the world’s largest organisations to carry out risk assessments and implement risk-based compliance measures in a sensitive and robust manner.

    Across the full spectrum of our Risk Management practice, our team includes many former senior enforcement officials with a deep understanding of international best practice and how the regulators operate and think.

    In order to assist our clients to prioritise and manage the complex and interconnected set of risks that they face, we have developed a suite of innovative online tools and apps.

    To discuss how we might be able to assist you, please contact any of the lawyers named in this booklet or your usual Mayer Brown contact.

    Our PracticeAnti-Bribery & Anti-Corruption

    Combating corruption has become one of the highest priorities for enforcement agencies in the Americas, the United Kingdom and Asia.

    Our highly experienced lawyers can offer clients an allencompassing solution to ensure compliance with an increasingly global framework of anti-corruption statutes, including the UK Bribery Act 2010 and, in the United States, the Foreign Corrupt Practices Act (FCPA). These have constituted a major impetus behind anti-corruption investigations and enforcement actions, and there has been an unprecedented rise in the intensity of enforcement under anti-corruption statutes in other countries as well.

    Our worldwide team includes former government prosecutors and compliance lawyers with decades of experience in every facet of anti-corruption regulation and enforcement. In the United States, our work addresses both the anti-bribery provisions and the accounting provisions of the FCPA as they apply to domestic and foreign issuers of securities in the United States, as well as to non-issuers. Across our network of offices, we offer comprehensive guidance and counselling, including advice on corporate compliance programmes, prospective transactions, internal investigations and enforcement proceedings.

    We conduct compliance assessments to identify strengths and weaknesses in existing compliance programmes. Additionally, we help companies formulate compliance policies, address specific implementation issues in the context of particular corporate cultures and multinational operations, and prepare training and other educational materials, among other key practices, to ensure compliance.

    We have extensive experience in handling internal corporate investigations, including those addressing possible violations of the books-and-records, internal controls and anti-corruption laws generally. We have worked with inside counsel, internal auditors and external auditors to assemble and review documents, to interview directors and current and former employees, and to advise boards of directors and audit committees on the results of investigations. We are familiar with the complexities of multinational investigations, and are sensitive to issues raised by local data privacy and employment laws, as well as blocking statutes and have considerable experience in coordinating the work of foreign counsel, when needed, in such investigations.

    Our PracticeAnti-Money Laundering

    Money laundering is most commonly seen as a concern for regulated financial institutions. In many jurisdictions, legislation aimed at combating money laundering and terrorist financing can create risks and obligations for any corporate entity. Our lawyers have considerable experience in advising on the management of anti-money laundering risk, covering systems and controls (including drafting and reviewing risk matrices, policies and procedures for customer due diligence), drafting and negotiating anti-money laundering protections and warranties in contracts, notifying the authorities of suspected third-party money laundering, and responding to allegations of breaches of applicable legislation (including conducting internal investigations and dealing with regulatory and prosecuting authorities).Our experience is derived from advising both regulated financial institutions and unregulated corporate entities in a wide variety of industries, including oil and gas, shipping, construction, gambling and publishing.

    While money laundering risks can affect any company, the requirements the legislation imposes on unregulated entities is generally far less onerous than for financial institutions, and our lawyers understand this.We assess the unique characteristics of the business in question and apply risk-based solutions that are proportionate to the industry and its particular obligations. We have also performed numerous internal investigations that have enabled companies to identify compliance failings and to institute remedial measures, including, where necessary, to negotiate settlements with the relevant authorities.

    Our PracticeAntitrust & Competetion

    Our Antitrust & Competition team includes more than 70 lawyers practicing competition law throughout Europe, Asia and the Americas, including a number of former senior enforcement officials, and operates as a single, seamless practice.

    We provide risk management and compliance services to many of the world’s largest companies. Our aim is to provide practical solutions and to help our clients to achieve their commercial objectives whilst ensuring that they remain in full compliance with all applicable competition laws in relation to day-to-day operations, commercial agreements and transactions. We provide tailored compliance advice and dawn raid preparedness guidance and have in-depth experience of conducting complex and sensitive internal investigations, using state of- the-art processes and technology.

    Members of our team have represented clients in relation to many of the largest international cartel investigations and have been active at the cutting edge of the development and growth of leniency regimes in Europe and worldwide, as well as advising on settlement, follow-on damages actions and criminal law aspects. We also regularly assist clients in relation to complex merger control matters and have successfully defended (and intervened against) some of the world’s largest mergers. We have successfully advised companies accused of abuse of dominance and brought complaints and legal challenges against dominant companies.

    Such cases place tremendous pressures on companies, their management and in-house legal teams, who can be faced with the need to respond rapidly when an investigation is launched or a possible breach of the competition rules is discovered. We appreciate that the issues are rarely straightforward, and have extensive experience working with major global groups to co-ordinate their responses internationally before multiple regulators, often over a period of many years.

    We are familiar with the tensions between civil and criminal law aspects, the interplay between competition law and sectoral regimes, the implications of likely follow-on damages claims, and the complications raised by the multiplicity of jurisdictions that are frequently involved (for example in relation to legal privilege, confidentiality waivers and disclosure). Through the participation of members of our team as non-governmental advisors in the International Competition Network (ICN), we are in close touch with the ongoing evolution in competition policy worldwide and have excellent contracts at a senior level with competition authorities worldwide.

    Our PracticeContract Risk

    We advise clients on a broad range of commercial agreements, from complex supply chain agreements through to manufacturing, logistics, distribution, services and outsourcing agreements. We believe that the key to managing contract risk across sophisticated businesses is early identification of business critical areas of regulatory, operational and legal risk, with a strong emphasis on finding practical solutions to enable our clients to achieve their commercial objectives.

    The lawyers in our commercial dispute resolution practice have represented clients in virtually every type of business and commercial dispute, giving them a deep understanding of the sort of contractual protection that can reduce the prospect of litigation when a commercial relationship comes under strain or ensure that there is an opportunity to renegotiate or exit from that relationship on favorable terms.

    The scope of any contract risk review exercise should be informed by the client’s priorities and commercial objectives but will often focus on those contractual arrangements that are largest by size or that present the greatest commercial risk (such as key participants in the supply chain or crucial outsourcing arrangements) or standard terms that govern multiple ongoing relationships.

    The review can be tailored to address any particular areas of concern, but it would typically focus on the parties’ termination rights, liability exclusions and caps (and whether they might be vulnerable to challenge), dispute resolution clauses, and cross-border enforcement and any customs and regulatory risks.

    It can also look at how performance can be monitored and measured to catch emerging disputes at an early stage, when there is often a better prospect of achieving a commercial resolution and avoiding costly future litigation.

    Although individual contracts are often bilateral, they exist as part of a more complex network of rights and obligations involving multiple parties, so it is important to understand and manage the knock-on effect of a provision in one contract on that network. An obvious example would be checking the extent to which exposure to customer liability or customs/regulatory requirements can be passed along the supply chain and managing any differences in liability caps or other obstacles to passing liabilities along that chain.

    We appreciate that pressure on legal budgets will often limit the scope for a comprehensive review of contract risk, at least as a stand-alone exercise. But, where key contract documents are being reviewed for another purpose (for example, to respond to competition or other regulatory risks) a contract risk review can be incorporated into that existing review exercise.

    Our PracticeCorporate Governance

    The first goal of our global Risk Management team is to help our clients manage enterprise risks, including legal compliance risks, effectively. This starts with assisting our clients to establish and
    maintain a comprehensive governance framework that allows directors and executive management to guide their organisations effectively in an increasingly complex and interconnected global environment. We help our clients to implement frameworks that are tailored to their individual circumstances. We also assist our clients to adapt that framework as their business changes and to respond to critical events.

    Our Corporate Governance practice brings together highly experienced lawyers from the firm’s Corporate & Securities practice who partner with lawyers from a wide range of specialist practice areas to advise boards of directors and board committees (including audit, nominating and governance, compensation and special committees) on board oversight responsibilities and the governance requirements of applicable laws, regulations and securities exchanges worldwide. In this context, we develop governance guidelines; codes of conduct for directors, officers and employees; policies and procedures to support boards of directors and their committees; and other elements of an effective enterprise risk management programme that are designed to preserve our client’s reputation before all relevant constituencies, including employees, suppliers, regulatory authorities and customers.

    We work with audit committees on auditor retention, auditor independence and monitoring of the client’s implementation of disclosure controls and procedures. We also work closely with compensation committees to structure programmes for board members and executives that support the achievement of the company’s business plan in a manner consistent with its risk management policies.

    We recognise that many risks can be mitigated but not wholly avoided in today’s environment Accordingly, an effective enterprise risk management programme must not only exemplify appropriate conduct and deter injurious conduct by employees and third party agents; it must also be able to facilitate the detection of and a prompt response to, and rectification of, any incident. We advise companies on the establishment of whistleblower policies and procedures for conducting internal investigations. An integral part of our Corporate Governance practice is advising management and boards of directors on change and crisis management. As part of this advice, we assist companies with incident response planning and related disclosure obligations, and also to develop responses to regulatory inquiries and investigations.

    Our PracticeCybersecurity & Data Privacy

    In today’s technology-driven environment, the potential magnitude of cyber risk is high.

    Technology has made it easy for companies to collect, copy and transfer personal data around the world. Many clients seek to take advantage of this through centralized systems and service providers, often resulting in the need for cross-border data transfers. At the same time, new privacy and security laws in a number of key jurisdictions—including the European Union, United States, Canada, Hong Kong, Russia and Australia—are imposing complex requirements and challenges for multinational organisations.

    Mayer Brown’s Cybersecurity & Data Privacy practice has advised numerous multinational companies on their development and implementation of global cybersecurity & data privacy programmes. We focus on developing strategies that allow clients to prioritise and manage risk across their enterprises in a proactive and co-ordinated manner. We bring a multidisciplinary and global approach to this work to help address the full range of operational, legal and financial risks posed by cyber threats.

    We believe in proactively incorporating cyber crime management and processes in all business activities, focusing on the areas that matter the most. Managing cyber risk may involve incident preparation and response, litigation, governance, vendor and supply chain management, and regulations and compliance. Our deep experience and understanding in these areas allows us to help clients understand and anticipate the cyber risks that they face and to minimise any legal, economic or reputational harm in the event those risks are realised.

    Our PracticeEmployment & Immigration

    Our global experience covers all aspects of employment, employee benefits, equity and incentive plans, ERISA, pensions, global mobility and migration. Our advice extends from proactively anticipating and avoiding issues to navigating and resolving matters once they become concerns.

    We have the flexibility, on-the-ground experience and dedicated resources to help clients organise, manage, monitor and anticipate the movement of people around the globe. In an era in which host governments are dynamically changing regulation of the movement of talent across borders, our lawyers are adept at identifying exceptional solutions that inspire confidence in your executive and professional corps. We handle applications for visas and other work authorisations in jurisdictions worldwide and use sophisticated software to track visa, work permit, and residency deadlines while keeping the company leadership and your mobile work force fully informed.

    Where employment and regulatory issues meet, such as where an employee is suspected of breaching regulatory rules, we are experienced in advising our clients on the tensions that arise. Our experience includes conducting internal investigations, assessing disclosure obligations, responding to government investigations and audits, and developing resilient standards and controls to protect your organisation. Our proprietary technology provides a secure repository for data retention, including a Compliance Center to prepare you for future audits anywhere in the world.

    We help audit clients’ internal processes for immigration compliance and develop remediation plans for both regulatory compliance and cost optimisation. Mergers, acquisitions and other transactions can also impact visa status and are frequently accompanied by workforce reductions. We know this landscape well and can provide a thorough analysis of the steps to be taken on a country-by-country basis and an implementation timeline. We also advise companies entering new markets on their strategies for hiring personnel transferring to or being hired for the new location. We can similarly update your pensions plans, develop harmonised global employment policies and benefits plans, and help manage high-risk concerns, such as global business travel or the use of third-party on-site vendors.

    Our PracticeEnvironmental & Safety

    Mayer Brown’s Environmental & Safety practice offers marketleading globally integrated support on the full range of environmental and operational business risks. We act for a range of Fortune 50 and FTSE 100 corporations across the globe and our group’s solution-orientated service is widely recognised.

    We have the specialist knowledge to advise across the board on all environmental and safety issues facing our integrated global clients. These include:

    Environmental and safety compliance and governance;
    Sustainability policies (including green procurement policies);
    Environment and safety regulatory investigations, prosecutions and civil claims;
    Carbon reporting and carbon trading schemes, as well as cleaner fuel requirements and clean energy and energy efficiency initiatives;

    Corporate reporting (including environmental, safety and human rights issues);
    Waste (including cross-border shipment of waste);
    Human rights due diligence
    Toxic tort and contaminated land
    Our specialist capability enables us to support our clients to realise the full value of a robust sustainability strategy by combining a broad-ranging understanding of relevant legal obligations with an intimate appreciation of best practice standards (including the Global Reporting Initiative, UN Guiding Principles on Business and Human Rights, and the UN Guiding Principles on Responsible Investment).

    Our PracticeFinancial Services Regulatory & Enforcement

    Our Financial Services Regulatory & Enforcement (FSRE) practice is sought out by financial institutions and regulators alike for the insight and analysis we provide on complex global issues.

    We address the needs of global and national financial services organisations, including banks, credit card companies, brokerdealers, consumers of finance firms, insurance firms, asset managers, money services businesses, funds and collective investment schemes and their trade associations. Financial institutions comprise a significant percentage of our client base, and we are proud to represent over two thirds of the world’s largest banks as clients.

    With offices and affiliated law firms in the key business centers around the world, we are able to provide comprehensive counseling on the full range of regulatory, risk management, compliance and enforcement issues facing the global financial services industry.

    Our lawyers appear on behalf of clients before the major regulatory and enforcement authorities, including, in the United Kingdom, the Financial Conduct Authority (FCA), the Prudential Regulation Authority (PRA) and Lloyd’s of London; in the European Union regulatory bodies including the European Central Bank, and the European Securities and Markets Authority; in Germany, the German Federal Financial Supervisory Authority; in the United States, the Board of Governors of the US Federal Reserve, the Department of the Treasury, the Federal Deposit Insurance Corporation (FDIC), the Office of the Comptroller of the Currency (OCC), the Securities and Exchange Commission (SEC), the Commodities Futures Trading Commission (CFTC), the Consumer Financial Protection Bureau (CFPB), the Financial Crimes Enforcement Network, and the Office of Foreign Assets Control (OFAC); and, in Asia, the Hong Kong Monetary Authority and the Securities & Futures Commission of Hong Kong.

    Our team includes a number of former officials of regulatory bodies, such as the UK FCA and its predecessor, the Financial Services Authority (FSA), the US Department of the Treasury; the SEC; the OCC; and the CFPB.

    We help clients contend with the licensing, reporting and compliance requirements that affect all aspects of financial services company operations on a daily basis. More importantly, we leverage our experience and global platform to identify emerging trends and to develop strategies that position our clients to best take advantage of market opportunities.

    In today’s environment, it is not always possible for financial services firms to avoid supervisory scrutiny or enforcement proceedings. Contested proceedings with regulators can be inevitable, whether through a failure to implement required policies and procedures or to adhere to specific regulatory requirements in the delivery of products or services. When these situations arise, we help clients conduct internal investigations to understand the scope of the problems, assist them with developing remedial strategies and represent them in negotiations before regulators. If these result in ongoing remedial obligations, we assist our clients to comply, as well as to navigate the demands of compliance monitors that we increasingly see regulators require as a condition of settlement. Mayer Brown’s crossborder capabilities and experience with multijurisdictional matters have proved invaluable to clients facing these circumstances.

    We are proud to have been repeatedly recognised as a leading financial services regulatory practice by Chambers Global, Legal 50, IFLR 1000 and USA Chambers.

    Our PracticeFraud & Asset Recovery

    Working in conjunction with lawyers from our network of offices across Europe, Asia and the Americas enables us to provide our clients with an integrated global service to pursue fraud claims and recover assets from around the world.

    Mayer Brown’s Fraud & Asset Recovery practice is comprised of dedicated and highly skilled lawyers from our Litigation and Restructuring & Insolvency teams. The practice is supplemented with lawyers from the firm’s specialist teams (including financial services, corporate and regulatory enforcement) as required, enabling us to give full support to our clients at times when getting the right advice promptly may be vital.

    Fast-moving fraud and asset recovery issues need to be addressed in a timely and effective manner. Our team has a wealth of experience in working with our clients to help them with complex, multijurisdictional and high-value fraud and asset recovery allegations to help minimise and avoid extreme financial, legal, reputational and litigation impact.

    Our work on fraud cases often includes advising clients on fraudulent misrepresentation, investigations, breach of trust, asset tracing, and recovery and remedies, including provisional liquidator appointments, injections and freezing orders. In all cases, we focus on achieving clear and realistic objectives, balancing the cost and inconvenience of proceedings against the likelihood of success.

    The practice has experience working with banks, insolvency practitioners, asset-based lenders, pension trustees and corporate clients across a variety of industries, including financial services, health care, energy and life sciences.

    Our PracticeGovernment Contract Compliance

    Doing business with governments or their prime contractors can introduce special problems and risks that require counsel experienced in dealing with the law and regulations, as well as the business and compliance culture of various defense and civilian agencies. At Mayer Brown, we understand the opportunities and challenges of doing business with diverse government bodies.

    In the United States, we have 30 years of experience in the sector representing companies involved as prime contractors, subcontractors or suppliers from virtually every industry. Our practice
    encompasses regulatory advice, litigation and compliance. Frequently we assist clients in regard to all three aspects of their government-business relationship. The increased resources devoted by thegovernment to oversight and investigations, as well as multiple rules that affect all aspects of the supply chain, have heightened the need for companies that participate in government contracts to

    Our practice includes leading members of the government contracts bar with the optimal balance of skills and seniority levels needed to address the challenges and problems our clients face. Whether negotiating terms, addressing liability issues, clearing regulatory hurdles, handling a contract dispute (through litigation or ADR), pursuing a bid protest, developing and maintaining a complianceprogramme and training, defending against audits, conducting business system reviews, and performing investigations, we have the necessary skills and experience to help contractors work successfully in the federal market.We also draw upon the firm’s global resources to best address our clients’ government contract needs. We interact regularly with DOJ Civil Fraud attorneys and with the Inspectors General and Suspension and Debarment Officials of Department of Defense agencies,

    as well as other agencies. We have found that representing clients involved in complex matters can involve multidisciplinary skills, and we often work with our colleagues in the White Collar practice if it appears that a matter may develop criminal implications or with lawyers in the transactional practice where issues focus on commercial business structures (which may not be well understood by the government).

    Our work in the compliance area frequently involves advising companies with respect to their approach and protocols for compliance with the Mandatory Disclosure Rule and negotiations with the Inspectors General and Suspension and Debarment Officials.

    We advise contractors with regard to audits and investigations of government contracts and programmes. We also conduct internal investigations in order to advise clients about risks and potential exposure. For example, we have represented a large technology company in connection with a mandatory disclosure regarding its pricing practices. We represented a major manufacturing firm in a years-long investigation that was instigated by a qui tam relator. We are currently representing a major defense contractor in connection with an investigation of its business systems and accounting practices.

    In Europe, we have extensive experience of advising on the EU public procurement rules, and, in our offices throughout the world, we are familiar with a broad spectrum of legal, contractual and policy issues that arise in dealing with governments in a wide variety of context (for example, foreign investment rules).

    Our PracticeInternational Trade & Customs

    Mayer Brown’s International Trade lawyers and practice professionals offer strategic advice, advocacy and litigation services to governments, trade associations and leading multinational companies that are seeking to profit from the opportunities presented by a global economy and mitigate the risks inherent in an increasingly complex regulatory environment.

    With experienced lawyers and other trade professionals in offices around the world, Mayer Brown’s International Trade practice helps clients understand trade policies and comply with local and international trade laws in order to capitalise on opportunities and overcome market barriers.

    Our team includes experienced senior trade/customs professionals and lawyers from the Americas, Europe and Asia. Among them are a former US Secretary of Commerce and two former US Trade Representatives, a former EU Ambassador to the United States, a former member of the US Congress, a former senior counsel at the US Department of Commerce, a former senior trade official with the Singapore government, the former policy director of the US House of Representatives Committee on Ways and Means, a former US Senate Finance Committee staff member, and former senior officials with China Customs and New Zealand’s Customs Service. Such credentials give us the kind of credibility with senior government officials that can help clients open markets, comply with trade laws and resolve trade disputes.

    In the field of trade defense investigations (anti-dumping, antisubsidy and safeguard), we assist our clients in following strategies and implementing measures to reduce the risk of such investigations being initiated. Alternatively, we assist clients in determining whether they can bring anti-dumping, anti-subsidy and safeguard actions. Our team’s reach is global and our assistance in this field is global.

    n the field of customs, instituting effective compliance programmes is crucial to a company’s ability to prevent violations from occurring and to mitigate potential penalties in the event that a violation occur. We work with clients to develop and implement internal compliance programmes that reduce the risks of customs violations. We also conduct compliance assessments that identify strengths and weaknesses in existing compliance programmes and ensure that importers have the necessary systems and support to respond to regulatory audits throughout the world. Mayer Brown’s International Trade lawyers and practice professionals offer strategic advice, advocacy and litigation services to governments, trade associations and leading multinational companies that are seeking to profit from the opportunities presented by a global economy and mitigate the risks inherent in an increasingly complex regulatory environment.

    As part of our efforts, we help our clients’ legal and compliance teams to formulate compliance policies, address specific implementation issues in the context of particular corporate cultures and multinational operations, prepare training and other educational materials, draft compliance certification instruments, and counsel internal auditors on the evaluation of customs compliance programmes.

    We have extensive experience in handling all types of proceedings before customs authorities. We frequently consult informally with customs authorities to determine how they would apply the customs regulations to a particular set of facts. We also help clients apply for rulings and file protests.

    We represent clients in enforcement proceedings, both in the context of voluntary disclosures and in agency-initiated penalty actions. We have appeared before the US Court of International Trade, the US Court of Appeals for the Federal Circuit, and the US Supreme Court to challenge rulings and ruling revocations, numerous administrative decisions and regulatory changes. We have also assisted Canadian importers at the Canadian International Trade Tribunal on appeals of Canadian Border Services Agency decisions. We represent clients before the European Commission, the EU courts and the EU Member State authorities. Our lawyers have been involved in matters arising before the Eurasian Economic Commission and before the Court of the Eurasian Economic Union.

    We assist clients in handling all types of proceedings before customs authorities in the Asia-Pacific region, such as China Customs, the Anti-smuggling Bureau in China, the Thai Customs Department, the Thai Excise Department, the Thai Economic Police, the Indian Central Board of Excise and Customs, the Korea Customs Service, Vietnam Customs, the Royal Malaysian Customs, Singapore Customs and Indonesian Customs. We assist clients in other jurisdictions working with local counsel as needed.

    We not only advise on the substance of the World Customs Organization (WCO) and World Trade Organization (WTO) provisions in relation to the Harmonized System, the WTO Agreement on Customs Valuation or the process toward the harmonisation of non-preferential rules of origin within the WTO, but we also assist clients daily on the implementation of WCOrelated strategies. Thus, we advise clients involved in customs valuation disputes in WTO countries on the merits and demerits of convincing WCO members to bring questions to the WCO.

    Our PracticeLitigation Class Actions

    Our Litigation & Dispute Resolution practice handles our clients’ most important cases; these are often of high value and involve reputational issues, as well as being of considerable legal and/or technical complexity. Our approach is to work closely with our clients to advise them as to the strengths and weaknesses of their position at the earliest practical stage. In that way, we can work jointly with our clients throughout the process, formulating appropriate objectives and putting in place a strategy to help achieve them.

    We are trusted by clients to act for them in high-profile and high-value claims involving allegations of breach of contract, mis-selling, misconduct, misrepresentation, deceit, dishonest assistance or breach of duty. We are experienced in undertaking recovery of assets for clients that have been the victims of commercial fraud, as well as defending clients accused of facilitating the dishonest activities of third parties.

    We combine local knowledge with worldwide reach to deliver service levels that exceed expectations. Our experience of complex multijurisdictional disputes, coupled with our approach of developing a deep understanding of our clients’ business, helps us to deliver a speedy and efficient dispute resolution service. We recognise the importance of a rapid response for our clients in cross-border cases where assets and value are often at immediate risk.

    Our litigation team includes top-tier class action lawyers who have defended high-stakes class action disputes brought against product makers, chemical manufacturers, financial services companies, telecommunications providers and members of the transportation industry than span multiple jurisdictions.

    Mayer Brown lawyers have extensive experience both of drafting provisions of standardised consumer contracts and defending them in court. Defending class action litigation requires a legal team that offers strategic vision and tactical mastery. Our lawyers excel at both. We bring to bear not only the litigation skills of our class action litigators, but also the comprehensive case-management services of our leading Electronic Discovery & Records Management practice and the acknowledged brief-writing capabilities of our US Supreme Court & Appellate practice.

    In partnership with our clients, we ensure that they are equipped to fight against class action disputes at every stage of the process. We ensure that our clients understand the key issues of the dispute, the risk and opportunities, and the defense strategies we will employ to secure a favorable outcome.

    Our PracticeSanctions & Export Controls

    The US government has become increasingly aggressive in enforcing its requirements for sanctions and export controls compliance. Heightened attention to national security after 9/11 and the five-fold increase in the penalties applicable to most sanctions and export controls violations have raised the stakes for all US companies that engage in international business, as well as for non-US companieswith a nexus to the United States. Correspondingly, the European Union has increased its own sanctions, affecting trade and business from North Korea to the Democratic Republic of Congo, with penalties varying by EU member states, but ranging from significant fines to imprisonment, even though their actual implementation is relatively exceptional, and out-of-court settlements more common. The latest parallel development in the United States and the European Union is the sanctions both imposed on certain Ukrainian and Russian entities and individuals following the developments in Ukraine and Crimea, with US sanctions reaching even further than the EU sanctions.
    Our Sanctions & Export Controls practice helps clients comply with, and navigate the intricacies of the US, EU, Asian and multilateral restrictions on exports and re-exports of software, technology, and goods. Our work includes commercial, dual-use and military controls, including controls on “deemed exports.” We also help clients with compliance issues arising under various sanctions programmes, both country-based and list-based. Because we are in frequent contact with sanctions and export controls regulators, our team understands how agencies interpret and enforce regulations in specific circumstances. Our team includes the former head of enforcement at the US Treasury’s Office of Foreign Assets Control, and our team members’ experience includes:Conducting risk assessments to identify and prioritise compliance risks;

    Developing and implementing internal compliance programmes to reduce the risk of sanctions and export controls violations by establishing compliance policies, internal training programmes, standard contractual safeguards, due diligence protocols for the engagement of intermediaries, compliance certification instruments, and internal auditor evaluations of sanctions and export controls compliance measures;
    Advising on particular export, re-export and investment transactions to ensure compliance with applicable sanctions and export control laws;
    Filing and facilitating export license, commodity classification and commodity jurisdiction applications, as well as license applications under sanctions programs;
    Representing clients in voluntary disclosures, regulatory proceedings, enforcement actions and delisting procedures before such agencies as the US Department of Commerce, the US Department of State, the US Department of the Treasury and enforcement authorities in EU member states;
    Representing clients in judicial reviews before the EU courts on issues related to the European Union’s sanctions policy, such as the statement of reasons for inclusion on the European Union’s sanctions lists and interim protection for those affected by the economic sanctions; and
    Advising on mergers and acquisitions of companies engaged in export business or international projects by helping clients perform effective due diligence on the compliance history and internal compliance processes of target companies, negotiating appropriate compliance provisions in acquisition agreements, and integrating the acquired business into our clients’ compliance programmes.

    Case Studies

    Current Mayer Brown team members guided worldwide engineering company from FCPA enforcement to Ethisphere’s List of World’s Most Ethical Companies.

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    Mayer Brown team advises Swiss banks on internal investigations and non-prosecution agreements.

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    Mayer Brown team advises global group on competition investigations worldwide.

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    Mayer Brown customs/trade professionals guide Fortune 500 industrial company in responding to a challenge by China Customs and the Anti-smuggling Bureau.

    Read Case Study

    Case Studies

    Current Mayer Brown team members guided worldwide engineering company from FCPA enforcement to Ethisphere’s List of World’s Most Ethical Companies.

    Read Case Study

    Mayer Brown team advises Swiss banks on internal investigations and non-prosecution agreements.

    Read Case Study

    Mayer Brown team advises global group on competition investigations worldwide.

    Read Case Study

    Mayer Brown customs/trade professionals guide Fortune 500 industrial company in responding to a challenge by China Customs and the Anti-smuggling Bureau.

    Read Case Study

    Articles

    The fifth EU anti-money laundering directive takes effect

    The Directive (EU) 2018/843 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing ("AML 5")1 entered into force on July 9, 2018. EU Member States were required to transpose (i.e., implement into...

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