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Regulatory investigations and related enforcement proceedings have increased significantly across a range of industries in recent years.
Regulatory investigations require urgent attention and expert management to help manage financial, reputational and operational risk. We have acted in investigations and related disputes for banks, insurers and other businesses to guide them through the regulatory process and assist them in dealing with regulators and protecting their interests.
We provide clients with assistance in relation to regulatory investigations and disputes including:
- assistance with dawn raid procedures and execution of warrants and their consequences;
- advising in relation to notices to produce documents (including rapid deployment of document review teams) and summonses to attend examinations issued by regulators;
- proactive approaches to and interactions with regulators (including in immunity negotiations with the ACCC);
- strategic advice in relation to investigation processes, exposure assessment, proactive responses and reputation management;
- compliance reviews;
- assistance regarding negotiations in relation to consequences of investigations; and
- representation in enforcement proceedings flowing from investigations.
We have assisted clients in a wide range of regulatory matters across multiple areas such as financial services regulation, corporations and directors’ duties, anti-bribery and corruption, consumer and competition law, anti-money laundering, price and other economic regulation and other industry-specific regulation.
Our teams have acted in regulatory matters for clients across a range of industries including financial services (including superannuation and insurance), energy, water, ports, automotive, rail, telecommunications, media, health, education, retail and gaming.
In assisting clients with regulatory matters, we regularly liaise with regulators including ASIC, ACCC and the ATO and law enforcement agencies including the AFP and state/territory police forces.
Experience
- a large Australian bank in relation to investigations conducted by ASIC and subsequent enforcement proceedings in the Federal Court of Australia;
- a superannuation fund in relation to an ASIC investigation into matters arising from the Financial Services Royal Commission;
- an international bank with responding to a s155 Notice issued by the ACCC which required the review of over 4.5 million documents located across four countries;
- various clients in the defence of criminal prosecutions brought for alleged breaches of the Competition and Consumer Act;
- various companies and individuals on cartel investigations and proceedings;
- a director of a resources company in an AFP investigation relating to alleged foreign bribery;
- various clients in relation to ICAC (NSW) and IBAC (Victoria) investigations and hearings;
- a director of a forestry sector company on ASIC insider trading investigation and charges;
- various clients in relation to responding to notices in ACCC Inquiries including Gas Inquiry, Grocery Inquiry, Digital Platforms Inquiry and the Digital Advertising Inquiry;
- various clients on managing dawn raid procedures in response to raids by regulators and Police; and
- a banking client in relation to investigations conducted by ASIC and APRA into the conduct of senior executives.