The scope of regulatory requirements, anti-corruption legislation and codes of conduct is growing and becoming more complex. For you (whether you are on the board, in senior management or a rank and file employee) and equally for your company, the economic consequences of breaches in any of these areas can be extremely far-reaching. We advise both large concerns and small to mid-sized enterprises (SME's) in the design of compliance programmes, primarily to prevent the occurrence of breaches and to minimise the legal consequences if they should occur.
Working with CMS means working with a partner who always keeps the big picture in mind, yet works side by side with you when it comes to the details of different situations: we will always be at your side during major crisis situations, yet equally, our goal is to design a successful, efficient and customised compliance programme which is closely aligned with the day-to-day needs of your business.
In times of crisis, the key first step is to establish the facts. We can support you with forensic investigations, in fact we frequently lead such investigations, often in collaboration with the members of a forensic audit team. Once the facts are established, we present management with the potential legal consequences (in terms of civil, corporate, labour or criminal law).
A key feature in the design of any effective compliance programme is that it is closely tailored to the specific nature of your business, i.e. it should not try to be all-encompassing, nor should it be too narrow, plus it should incorporate an international perspective.
We are familiar with the main legal areas to be addressed by compliance programmes: anti-corruption legislation, employment laws, international trade and export laws, data protection, corporate law, industrial property rights, capital markets, anti-trust laws, medical and pharmaceutical products, product liability, taxation, criminal law, company transactions, environmental law, public procurement and competition law.
You can benefit from our extensive experience with international anti-corruption legislation, in particular with the USA (FCPA) and the UK (UK Bribery Act). The consideration of international anti-corruption legislation is particularly relevant for companies with international operations and, working in many cases in tandem with other offices in the international CMS network, we can advise you on compliance issues as they relate to international regulations.