Mishcon Purpose

The UK left the EU on 31 January 2020. A transition period, during which EU laws continue to apply in the UK, is due to end on 31 December 2020. The UK/EU Withdrawal Agreement sets out transitional arrangements and negotiations for the future UK/EU relationship are ongoing.

Process

We analyse clients' affairs, identify key sustainability risks, advise on how best to tackle them, and help you solve them - partnering with trusted specialist organisations where necessary. We follow an iterative process in an adaptive model:

  • Engagement – our starting point is getting to know you better, understanding what matters to you and what you are about: your concerns and your aspirations.  What do you consider to be your risk profile and what is your appetite: do you face an immediate threat, or are you starting a process of business review with an eye to future-proofing. We will spend time with your management and board to understand your perspective and your position.
  • Exposure Assessment – typically, we will then undertake an initial objective review of your sustainability risks and opportunities, and client-specific contextual analysis, starting with current and anticipated legal and regulatory obligations. We set out our findings in a “Purpose” report including a high level risk matrix. This will set out our view of how well your organisation is set up to align with your purpose, and where you sit in relation to your competitors, to the law and to the science.
  • Action Planning – our team will work through the issues highlighted in the Exposure Assessment with you, to map key risks and issues using the SDG and other sector-specific frameworks; prioritise and identify specific actions and strategies to de-risk and build sustainability.
  • Implementation – we will work with you to implement your Action Plan, including public and policy engagement where appropriate.
  • Monitoring – we undertake ongoing bespoke and sector monitoring our clients throughout the process.

Other integrated offerings

We advise management boards and leadership on internal and external communications throughout the change process. This early signalling is both critical to effective change management and a way of capitalising on the benefits of the change externally. Where appropriate, we introduce trusted specialist external strategic communications experts and partners.

Sitting alongside the Firm's regulatory and purpose practices, our Corporate Governance practice combines our deep expertise of relevant law and regulation with our experience of implementing best practice.

Managing financial crime risks

The regulatory landscape for sustainability issues is evolving quickly, touching everything from environmental crime to supply chain corruption, often with extra-territorial application. We have particular expertise in advising organisations in relation to financial crime risks, whether arising directly or indirectly, with experience of advising different organisations across a range of sectors on the adequacy of their procedures to tackle such risks.

We specialise in advising corporates in respect of the risks that may attach to specific projects or transactions, whether those risks concern bribery and corruption, potential money laundering, or the breach of sanction controls, for example. We also have extensive experience in conducting detailed audits of an organisation's approach to financial crime risks in general, including reviewing and drafting effective and proportionate policies and guidance, identifying weaknesses in processes, or providing training and courses to ensure compliance. In the event that there is a suspected issue, we are able to investigate any suspected breaches and provide the necessary remedial advice to restore compliance to an organisation.   

In particular, we have significant expertise in advising on the application of the UK's Bribery Act 2010, which creates the criminal offence of failing to prevent persons associated with a commercial organisation from bribing another person on behalf of that organisation, and the application of the UK's Criminal Finances Act 2017, which creates very similar offences in respect of tax evasion.

We build teams and procure non-legal consultancy services alongside our legal services to help clients implement change effectively and decisively. 

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