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Investigations

Investigations

Investigations

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Overview

Our Global Investigations practice is a truly integrated, cross-practice, global team that undertakes independent internal investigations and represents corporates, financial institutions and senior individuals in their dealings with regulators and civil and criminal authorities.  In particular this includes advising and vigorously defending our clients who are subject to actual or threatened enforcement, disciplinary and criminal proceedings.   

Many of our team have spent time working as regulators and prosecutors, bringing deep experience and understanding of their key priorities, personnel, and approaches to decision-making at the relevant authorities.  In each case we work closely with our clients to develop a tailored defense strategy, designed to maximize the prospects of achieving the agreed objectives and securing the optimal outcome.   

Our clients routinely praise our cross-practice approach to ensure that the risks they face in relation to a specific issue are properly anticipated and managed in the most effective manner.  Increasingly, when problems are encountered they need to be assessed holistically to identify the key areas of risk which may include a series of different regulators in multiple jurisdictions.  Our teams are equipped to anticipate those areas of risk and to work seamlessly across areas of focus and offices to deliver the best available solutions for our clients. 

Client representation

We routinely represent clients in relation to investigations and proceedings pursued by:

  • the UK FCA (Financial Conduct Authority;
  • PRA (Prudential Regulation Authority);
  • SFO (Serious Fraud Office);
  • HMRC (HM Revenue & Customs);
  • CMA (Competition and Markets Authority);
  • the US DOJ (Department of Justice);
  • SEC (Securities And Exchange Commission);
  • CFTC (Commodity Futures Trading Commission); and
  • Fed (Federal Reserve Bank of New York).

As well as a range of other international regulators and prosecutors in relation to allegations of fraud, bribery and corruption, insider dealing, market abuse, loss of sensitive data, money laundering, breach of regulatory rules and listing rules, breach of financial or trade sanctions, cartel investigations, employment issues,a range of other types of misconduct.

Client representation

We routinely represent clients in relation to investigations and proceedings pursued by:

  • the UK FCA (Financial Conduct Authority;
  • PRA (Prudential Regulation Authority);
  • SFO (Serious Fraud Office);
  • HMRC (HM Revenue & Customs);
  • CMA (Competition and Markets Authority);
  • the US DOJ (Department of Justice);
  • SEC (Securities And Exchange Commission);
  • CFTC (Commodity Futures Trading Commission); and
  • Fed (Federal Reserve Bank of New York).

As well as a range of other international regulators and prosecutors in relation to allegations of fraud, bribery and corruption, insider dealing, market abuse, loss of sensitive data, money laundering, breach of regulatory rules and listing rules, breach of financial or trade sanctions, cartel investigations, employment issues,a range of other types of misconduct.

The Global Investigations areas of focus include White Collar, Antitrust, Data Privacy, Financial Regulation, Securities Regulation, Utilities Regulation, Employment, Health & Safety, Tax and Product Liability.  Our teams work together across the US, UK, France, Belgium, Germany, Abu Dhabi, Dubai, Singapore and Hong Kong SAR.    

Investigations are challenging and the BCLP Global Investigations team understands the complexities and works closely with clients to design and implement tailored strategies and solutions to the significant issues that they face.   

Meet The Team

Lee Marshall

Lee Marshall

Global Department Leader – Litigation & Investigations, San Francisco

+1 415 675 3444

Graham Shear

Graham Shear

EMEA Regional Leader – Litigations & Investigations and Co-Global Practice Group Leader – Business and Commercial Disputes, London

+44 (0) 20 3400 4191

Meet The Team

Lee Marshall

Lee Marshall

Global Department Leader – Litigation & Investigations, San Francisco

+1 415 675 3444

Graham Shear

Graham Shear

EMEA Regional Leader – Litigations & Investigations and Co-Global Practice Group Leader – Business and Commercial Disputes, London

+44 (0) 20 3400 4191

Meet The Team

Lee Marshall

Lee Marshall

Global Department Leader – Litigation & Investigations, San Francisco

+1 415 675 3444

Graham Shear

Graham Shear

EMEA Regional Leader – Litigations & Investigations and Co-Global Practice Group Leader – Business and Commercial Disputes, London

+44 (0) 20 3400 4191

Related Practice Areas

  • Antitrust

  • Business & Commercial Disputes

  • Financial Regulation Compliance & Investigations

  • Health & Safety

  • Planning & Zoning

  • Tax & Private Client

  • Anti-Money Laundering Compliance

  • Special Investigations

Areas of Focus

  • False Claims Act

  • Sensitive Investigations

  • White collar/Corporate Crime

Related Insights

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Nov 21, 2024

Key Takeaways from Snyder v. United States

Snyder v. United States, 144 S. Ct. 1947 (2024), which held that a federal bribery statute (18 U.S.C. § 666) does not criminalize “gratuities”—payments made corruptly to public officials after-the-fact as rewards for their actions—was lauded as a great win for the white-collar bar. But what about the Supreme Court’s approach to statutory interpretation in Snyder? Not so great, at least in our view. Snyder’s majority opinion provides a playbook for the Supreme Court, in this and future iterations, to engage in a policy-first, text-last approach to statutory interpretation that should make our profession wary, white-collar bar included.
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Without Prejudice Privilege

The High Court has reaffirmed the strength of protection given to parties seeking to resolve a dispute through reliance on the ‘without prejudice’ rule during negotiations. In FW Aviation (Holdings) 1 Limited v Vietjet Aviation Joint Stock Company, the Court confirms the extraordinary nature of the ‘unambiguous impropriety’ exception and clarifies the ways in which ‘without prejudice privilege’ can be waived. Clare Reeve Curatola and Sanjay Lohano outline the nature and scope of the rule, providing practical tips for commercial parties looking to rely on this privilege whilst negotiating the settlement of a dispute.
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Inadequately Reasoned Arbitral Award Not Enforced by Hong Kong Court

In the case of A v B & ors [2024] HKCFI 751 (date of reasons for decision: 13 March 2024) the Hong Kong court set aside an order granted to enforce an arbitral award dated 25 August 2022 made by the sole arbitrator in an arbitration at the International Center for Dispute Resolution, under the Rules for International Commercial Arbitration of the American Arbitration Association (“Arbitration”), on the grounds that the Arbitrator had failed to give reasons for her decisions on key issues.

Related Insights

News
Nov 21, 2024
Key Takeaways from Snyder v. United States
Snyder v. United States, 144 S. Ct. 1947 (2024), which held that a federal bribery statute (18 U.S.C. § 666) does not criminalize “gratuities”—payments made corruptly to public officials after-the-fact as rewards for their actions—was lauded as a great win for the white-collar bar. But what about the Supreme Court’s approach to statutory interpretation in Snyder? Not so great, at least in our view. Snyder’s majority opinion provides a playbook for the Supreme Court, in this and future iterations, to engage in a policy-first, text-last approach to statutory interpretation that should make our profession wary, white-collar bar included.
News
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Former SEC Lawyer Joins BCLP’s Litigation & Investigations Practice
Awards
Nov 07, 2024
Former Assistant U.S. Attorney Joins BCLP’s Litigation & Investigations Practice
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Oct 30, 2024
Former Seattle Mayor and U.S. Attorney Jenny Durkan Joins BCLP
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Oct 04, 2024
Without Prejudice Privilege
The High Court has reaffirmed the strength of protection given to parties seeking to resolve a dispute through reliance on the ‘without prejudice’ rule during negotiations. In FW Aviation (Holdings) 1 Limited v Vietjet Aviation Joint Stock Company, the Court confirms the extraordinary nature of the ‘unambiguous impropriety’ exception and clarifies the ways in which ‘without prejudice privilege’ can be waived. Clare Reeve Curatola and Sanjay Lohano outline the nature and scope of the rule, providing practical tips for commercial parties looking to rely on this privilege whilst negotiating the settlement of a dispute.
News
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BCLP to host forensic investigations and AI e-discovery seminar in Tokyo
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Aug 13, 2024
Senior FTC lawyer joins BCLP’s Antitrust & Competition Practice
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Jul 24, 2024
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In the case of A v B & ors [2024] HKCFI 751 (date of reasons for decision: 13 March 2024) the Hong Kong court set aside an order granted to enforce an arbitral award dated 25 August 2022 made by the sole arbitrator in an arbitration at the International Center for Dispute Resolution, under the Rules for International Commercial Arbitration of the American Arbitration Association (“Arbitration”), on the grounds that the Arbitrator had failed to give reasons for her decisions on key issues.