Regulatory & Investigations
Running a business is becoming ever more complex and concerns may be raised about things which are unexpected and potentially damaging. Addressing these issues effectively when they first arise can save time, resources and reduce the risk of them turning into protracted problems.
We are experienced in dealing with regulatory investigations involving advertising, consumer, retail and media issues. These include complaints, investigations and civil and criminal proceedings threatened or brought by the Advertising Standards Authority (ASA), the Competition and Markets Authority (CMA), Trading Standards Officers (TSO), Information Commissioners Office (ICO), Ofcom, Ofgem, The Independent Press Standards Organisation (IPSO), Phone Paid Services Authority, The Groceries Code Adjudicator, The Charities Commission, The Electoral Commission, The Office of the Adjudicator (ITV contracts rights renewal), the Football Association, the Serious Fraud Office and other regulators impacting on creative, media, retail and brand businesses as well as sports clubs and players.
We can also assist with internal investigations arising from issues such as responding to confidentiality and data breaches, carrying out an independent review and then working with our client to take whatever follow up steps are necessary, including disciplinary matters and notification of regulators.
We advise our clients how to avoid regulatory interventions, and when they do occur the optimal strategy for dealing with them, to bring about the best possible outcome. We can also assist with any related reputation management issues. We have an experienced in-house criminal practitioner who works alongside our litigators, advertising, competition, data, media, sports and employment lawyers as part of a co-ordinated regulatory investigations team.
We are able to advise on dawn raids by regulators, particularly in relation to competition/anti-trust and bribery investigations, including conducting ‘mock dawn raids’ to ensure that clients are prepared to deal with such an eventuality if it arises.
Legal Professional Privilege06 July 2018
This guide is intended to provide a brief overview of legal professional privilege. It also identifies some practical steps which will help to maintain privilege and concludes with a privilege “flowchart” and table of commonly used terms.
Supreme Court delivers key judgment on the availability of Wrotham Park “negotiating” damages02 July 2018
The Supreme Court has considered an important question in relation to damages. In what circumstances can damages for breach of contract be assessed by reference to the sum the claimant could hypothetically have received, known as Wrotham Park damages, in return for releasing the defendant from the obligation he had failed to perform?
You’ve started – so you’ll finish11 June 2018
Claimants commencing proceedings in the Courts of England and Wales may not be able to end those proceedings simply by serving a notice of discontinuance and can be required to take the matter to trial. In this case the claimants were not permitted to discontinue their claim for the recognition and enforcement of an arbitration award under the New York Convention.
Supreme Court upholds requirement to record variations in writing24 May 2018
Rock Advertising Limited v MWB Business Exchange Centres Limited is an important case. In fact, the opening paragraph of Lord Sumption’s judgment describes it as an “exceptional” appeal, raising “truly fundamental issues” of contract law.
Liquidator loses protection of a freezing order following serious failings at earlier ex parte hearing14 May 2018
In Banca Turco Romana S.A. (in liquidation) v Cortuk and Others, the Commercial Court in London has underlined the need for applicants to give full and frank disclosure when seeking relief at ex parte (without notice) hearings.
Disclosure in English litigation: a sea change is coming09 January 2018
English rules on disclosure (‘discovery’ in many jurisdictions) are set for a major overhaul. Draft rules were published in November 2017. Once approved by the Civil Procedure Rules Committee, the resulting draft is intended to be introduced as part of a pilot scheme lasting 2 years, potentially beginning in April 2018 and running in the Business and Property Courts. This will cover virtually all High Court litigation. It will not be optional.
Erosion of privilege – Law Society seeks to intervene08 January 2018
The Law Society is applying to intervene in the upcoming appeal of the landmark privilege decision in Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”).