Regulatory and compliance
If you find you have breached regulations or compliance requirements, it is reassuring to know you have a skilled, dedicated team of specialists available to you. We offer a dedicated resource at affordable rates across the country that can advise on a wide range of regulatory and compliance issues.
A specialist team does not have to mean astronomical bills, high hourly rates or huge teams of people working on your case. We offer a dedicated resource at affordable rates across the country that can advise on a wide range of regulatory and compliance issues.
The key to instructing advisers in any regulatory matter is ensuring that they can work with you, quickly understand your business, and provide advice and support that reflects your commercial offering.
At Shoosmiths, your legal advisers know when to advise you to fight (for legal and commercial purposes) or when to seek a swift resolution.
We know that businesses must continue to work with a whole host of regulators, long after an investigation has ended, so we help achieve this outcome; preserving and developing such working relationships.
Despite positive noises from the government to reduce red tape for business, and the removal of some minor regulations, there can be no doubt that EU and UK regulation remains substantial, resulting in compliance problems — and costs — for businesses.
Alongside this, the government is getting tougher on recovering costs of investigations, compliance visits, and recouping larger civil and criminal penalties through the courts.
Civil and criminal enforcement and recovery powers are being extended across the full range of UK and EU regulation and compliance, from data protection to anti-corruption, from environmental to health and safety.
Recent sentencing developments means organisations that have failed to comply with legislation may be punished to such a level that they will be forced out of business.
Medium and large firms may well face penalties at levels previously unheard of. For example, the starting point for corporate manslaughter offences is now £500,000.
Courts are also prepared to ‘send a message’ to shareholders via six- and seven-figure fines and costs awards in the more serious cases, in the hope that shareholders will look to challenge companies to seek growth and profits in a more responsible and compliant manner.
Our team of experienced regulatory specialists helps clients manage all levels of operational risk and to reduce their exposure to enforcement action by balancing pragmatic, commercial advice with the law.
Prevention is always better than cure, and you will find that our focus is on proactive advice and pre-emptive training.
We offer consultative services to identify and manage business risk and tailored courses, including desktop online training — from boardroom to shopfloor — designed to relate to the issues identified as highest risk in your working environment.
In the unfortunate event that some form of non-compliance is detected, we can work with you to provide proactive management of the problem, including support for crisis management response, internal investigation, or defending regulatory enforcement action.
From competition breaches to data theft, fraud and corruption to environmental disasters, and product recalls to fatal accidents, our regulatory team provides reassuring, 24/7 legal support for you and your business when you need it most.
For more information on regulatory and compliance click here.
- Representing a global manufacturer at a lengthy inquest into multiple deaths where its reputation and future enforcement action was being considered. The brand and reputation was preserved, and neither the coroner or the jury verdict made adverse references to its business
- Providing international, cross-border advice in relation to global product recalls and representing an international group of companies concerning its dealings with non-state-owned companies in Iran and the treatment of payments received, including liaison with various EU jurisdictions under EU sanctions
- Representing a major white-goods manufacturer in an investigation by the National Measurement Office (NMO) into energy labelling on its products, and successfully negotiating a settlement with the NMO and consumers
- Reviewing highly restrictive advice as client had received, and instead providing a more commercially focused solution to ensure continued compliance with competition, anti-bribery and corruption legislation
- Representing a major retailer in relation to an organised crime ring that had targeted its business
- Assisting and advising a major retailer in making representations and attending meetings at the Home Office with regard to significant legislative changes
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
The Court of Appeal has found in favour of a business tenant and decided that a periodic tenancy had not been created in the intervening period.
Careful drafting is usually required for restrictive covenants to be enforceable, although Prophet plc v Huggett provides the exception to the rule.
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…