Mishcon de Reya's investigations lawyers are able to assist companies which have uncovered issues that might have criminal, regulatory or civil repercussions, including where there is suspected bribery, fraud, cartel activity, sanctions and/or money laundering breaches or market manipulation.
We work with our clients from the outset of an investigation, advising on a strategic course of action. Where necessary, we draw on our other specialists within the firm, from practices including employment, data protection and reputation management. Our use of technology, including AI tools and our in-house eDiscovery product, MDR Discover, means we can investigate issues quickly and in a way that is cost-effective, with minimum disruption to our clients' businesses. In addition, analysts from MDR Cyber, our cyber consultancy and intelligence business, can work alongside our lawyers from day one of an investigation if required.
Experienced in dealing with regulators and prosecuting bodies, we can also advise on whether a report to the relevant authorities is required. Where this might lead to an external investigation, we will work with clients to reach the right resolution. Our criminal defence lawyers have advised on every type of criminal resolution, including decisions of no further action, concluded deferred prosecution agreements (DPAs), civil recovery orders and acquittals following a contested trial.
For multi-jurisdictional investigations, the International Fraud Group, comprising firms across 30 jurisdictions, is able to offer investigatory services with a unified global approach.
Independent reviews and monitorships
Companies are increasingly appointing independent law firms to undertake a proactive compliance review, or are doing so as part of a regulatory or prosecutorial settlement. With the introduction of DPAs in the UK, the Court can appoint a monitor in order to oversee and report on a company's programme of remediation once a DPA has been approved. We have experience in implementing monitoring programmes and in undertaking compliance reviews on behalf of corporate clients, reviewing existing internal controls and reporting back to the company and regulator.
Our experience in financial crime and regulation, together with our corporate governance and compliance expertise, means that we can undertake monitorships and independent review work with ease, working collaboratively with companies, regulators and prosecuting authorities.