Regulatory and Compliance

Geopolitical change in the shape of Britain's vote to exit the European Union and the election of Donald Trump to the office of President of the United States has and will continue to have far-reaching consequences for the regulatory environment in which we operate. The growing backlash against globalisation will likewise cause seismic changes. The UK regulatory regime will be subject to significant change following primary legislation needed for policy areas no longer covered by EU Laws and the Repeal Bill. Regulators themselves are better equipped and more willing to aggressively pursue those that are deemed to fall short of their requirements. Knowing how to navigate the landscape of rules and rule-makers is vital.  

We see Regulatory risk as something that can be managed to the benefit of our clients rather than a cost that must simply be written off. Our claimant recovery teams develop strategies that can help our clients to achieve their business goals and even defray the cost of regulatory compliance. 

Technology underpins everything we do. Mishcon Discover, our in-house team of eDiscovery experts, reduces the cost and complexity of large-scale litigation. We invite legal start-ups into our incubator MDR LAB, allowing us to experience the next generation of litigation tools as they are developed. 

Our Reputation Protection lawyers will ensure that your message is communicated in the right way and your brand protected throughout any process.
We solve complicated problems for people with complicated lives and fiercely guard our clients' interests. We are passionate about the rule of law and have proven experience in holding governments and rule-makers to account.

Our Business Crime Group offers a comprehensive but streamlined approach combining all aspects of the case: civil, regulatory and criminal - within a single team. Our in-depth knowledge of the workings of regulators and investigators in the UK, Europe and US (SFO, FCA, HMRC, SEC, DOJ among others) allows us to offer advice to ensure our clients' affairs are compliant before any issue arises. We recognise that the best results can often be achieved without litigation. We can advise on the right negotiation approaches based on significant inside experience. Immunities, Deferred Prosecution Agreements and plea bargaining are some of the tools we deploy to achieve the best outcome for our clients. Our criminal defence lawyers act for both corporates and individuals.

We are increasingly seeing both the FCA and the SEC work together with regulators in other jurisdictions, and also with criminal law enforcement agencies both domestically and internationally. We understand this world. Our aim is to deal with regulators in a way that keeps our clients out of Enforcement. Where clients are in Enforcement, we protect them and their reputations, tailoring our approach to suit their individual needs. We are able to defend both civil and criminal actions.

Some law firms involve huge teams of people in an investigation that becomes both disruptive and expensive for the client. We believe an investigation should be like precision surgery: getting to the heart of the problem with minimum disruption to your business. We work closely with you to define the exact scope of any civil or criminal investigation and then build a bespoke team of specialists to fit. This means you don't have to pay for work that isn’t necessary and keep disruption to your business to a minimum.

Our defence lawyers specialise in risk management. They advise businesses caught up in investigations into alleged competition law breaches, as well as individuals facing potential criminal sanctions or director disqualification. Our detailed understanding of the processes, coupled with our knowledge of the enforcement agencies, enables us to advise Boards and individuals on how best to respond in any given situation.

Lawyers in our Public Law team have experience gained directly from working within large public bodies. They understand the wide range of issues facing the public sector including: the challenges arising from budgetary constraints, judicial reviews, administrative law, public inquiries and inquests. Within the firm we also have former members of the CPS including a former Principal Legal Advisor to the DPP.

In recent years the tax authorities have become far more aggressive in collecting tax that they believe is payable. However this approach is often unwarranted and our specialist team have been able to persuade HMRC of the correct treatment at an early stage. We know that most clients would far rather settle without recourse to the courts and that is always our first approach, but if this does not succeed we will litigate.

We advise operators and service providers on compliance with the Gambling Act 2005 and associated regulations, including gambling licence applications. Given the international nature of the online gambling sector, we are also extremely experienced in assisting clients to navigate foreign licensing regimes. This includes emerging regimes in Eastern Europe and South America as well as the more mature jurisdictions in Europe. We have assisted operators and investors in many of the key online gambling jurisdictions.

Compliance with current data protection legislation is essential. We can advise on how to achieve our clients' strategic objectives whilst complying with the regulatory regime, as well as data protection compliance strategies and how to mitigate data security breaches. This encompasses everything our clients need from privacy policies, cookie policies and ICO notification.

Our speciality is in managing disputes between policyholder and insurer. We treat the claim as an asset to be recovered and to take decisive action to fight each client's corner. Our understanding of the nuances of the industry and the challenges faced by underwriters and claims handlers means we are able to suggest pragmatic, commercial solutions that bring about a speedy and, where necessary, discrete conclusion.

We assess each case on its own merits and respond in an aggressive or measured manner as appropriate. We have a particular eye on a longer-term relationship that our clients have with their other advisers and endeavour to resolve claims using alternative dispute resolution processes where appropriate. Where this is not possible we also have extensive trial experience.

We advise international federations and national governing bodies on all aspects of their regulatory work, from drafting rules and regulations to compliance. Our Sports Group has excellent industry knowledge across a large number of sports. We advise on a broad range of sports regulatory issues including corruption, anti-doping, codes of ethics and governance, and have experience conducting international regulatory investigations.

We are able to navigate complex and special situations quickly, applying the intellectual rigour required to reach the most effective solution. Reasoned legal and commercial strategy combined with an appreciation of the particular sensitivities of the individuals involved characterise our approach, as does our responsiveness and availability to our clients at all times.

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