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A specific and growing challenge for companies, in particular those operating in multiple sectors and jurisdictions, concerns the increased interplay between different areas of legal and regulatory risk.
The scope of legal professional privilege in the context of internal investigations in multi-jurisdictional cases can present particular challenges, and unresolved tensions exist between areas including criminal and civil enforcement, regulatory and antitrust law, and domestic and international investigation and enforcement procedures. Companies also need to consider the risk of follow-on litigation from customers and customers of other counterparties. We are very familiar with the issues to which these tensions give rise.
In working with our clients to implement internal investigations, we adopt a holistic approach to managing the different interconnected areas of legal and regulatory risk, and our knowledge and experience in handling these issues is unsurpassed.
Co-ordinating large scale, multi-jurisdictional risk management projects requires having a clear methodology in place and strong project management. To support this process, we have developed various tools for the initial phase of scoping, data gathering, audit, information analysis and document management.
We also have an experienced internal forensic support team that is able to draw upon its extensive experience of managing the technical aspects of complex internal investigations, and its knowledge of the rapidly developing offerings of third party service providers. We have framework agreements with many of those organisations, addressing important matters such as conflicts, and are able to assist our clients rapidly to select the most suitable and cost-effective service provider for the project in question, as well as provide ongoing co-ordination and management of the work of such organisations.