Trusted partner in times of crisis
Suspicions, regulatory pressure or external accusations demand quick, reliable decisions at the highest level.
In these situations, we support you in making decisions and minimizing risks through internal, external or official investigations.
With experience, legal precision – strategically, purposefully and responsibly applied – and an interdisciplinary consulting approach, we secure your ability to act and thus strengthen confidence in your organization, even in a crisis.
As a boutique with international experience, we are familiar with all forms of corporate investigations – whether internal, external or regulatory.
This makes us a reliable partner for management boards, supervisory boards, compliance officers and general counsel when it comes to the legally compliant, discreet and efficient clarification of critical issues.
Our goal: reliable results and legally compliant implementation, both nationally and internationally.
Internal investigations
Internal investigations require foresight, experience and a clear structure. We support you with all of this.
From the first moment of suspicion to the implementation of concrete measures, we take over the planning, execution and management of (international) internal investigations: with legal expertise, entrepreneurial understanding from our team’s diverse experience in various positions and at international level with a reliable network of independent law firms.
We are equally at home investigating allegations of white-collar crime, capital market and insolvency offenses as we are investigating allegations in connection with particularly sensitive matters (including MeToo and harassment allegations) or specific environmental matters, e.g. in the context of greenwashing investigations.
In order to be able to work thoroughly and efficiently even with extensive facts and data, we rely on AI models in the form of a Technology Assisted Review (TAR) to systematize data.
Services in the area of internal investigations (excerpt):
We advise on the preparation of investigation processes – starting with organizational and legal issues relating to whistleblower systems, the development of relevant guidelines (e.g. Investigations Charter), process descriptions for investigating units, sanction regimes and guidelines to promote a speak-up culture within the company.
We establish the facts, plan internal investigations and implement them swiftly and carefully. We review documents and conduct structured interviews with accused persons, whistleblowers and witnesses with the aim of establishing clear facts, evaluating them legally and deriving meaningful and appropriate remediation measures from the results.
We advise on the implementation of these remediation measures, in particular on disciplinary measures and conclusions for business processes and the CMS.
As an independent boutique, we are particularly suitable for internal investigations on behalf of the supervisory board or shareholders. Our independence gives us the opportunity to act free of conflicts and bias and, in particular, to clarify misconduct by the board of directors and management. We also frequently supervise investigations for the supervisory board that are carried out by others on behalf of the board of directors or management.
For particularly sensitive issues, we provide support in closely accompanying and monitoring third-party investigations, e.g. for the supervisory board if investigations are carried out by the company itself or by another shareholder, e.g. in the context of joint ventures. Conversely, we are often entrusted with investigations that deal with issues relevant to the annual financial statements and are therefore closely monitored by the auditors. Here too, our independence and reliability are of particular importance.
External
investigations
Companies are also increasingly responsible for the conduct of third parties, particularly in supply chains: since the introduction of the Supply Chain Due Diligence Act (LkSG), many companies have been obliged to thoroughly investigate any suspicions they may have about business partners. Similar requirements can be found in foreign trade law.
It is in this context, we help you to identify affected suppliers and business units, carry out an initial fact check and prioritization and get in touch with the relevant parties.
Depending on the facts of the case, we take on different roles: whether as an independent investigating party, as a professional companion to your internal investigation or as an independent monitor.
We provide you with pragmatic, reliable and efficient support in planning, implementation and follow-up when it comes to external investigations.
Our services:
We advise on the drafting of supply and purchase contracts and general terms and conditions with regard to legal requirements for monitoring human rights and environmental obligations of business partners and support you in their implementation. We define suspicion thresholds and measures to protect business secrets and competition-sensitive information.
We carry out external investigations of suppliers on environmental and human rights issues on behalf of the customer. Where necessary, we conclude clean team agreements with suppliers to protect their business secrets and competitively sensitive information and report to our actual client in a filtered form.
If issues are clarified by the business partners themselves, we accompany these investigations to ensure that they are carried out properly and lead to reliable and usable results. Only if the results are reliable and comprehensible will the buyer fulfill its obligations within the supply chain and be able to dispense with its own inspection.
If authorities such as the BAFA or NGOs are involved in an investigation or have triggered it with a report or complaint, we will represent them and coordinate communication with authorities or third parties. Where necessary, we also advise on communication with the public.
We develop preventive and remedial measures for you – in close consultation with the business partners concerned – with the aim of eliminating any identified violations of human rights and environmental obligations. If necessary, we also monitor the implementation of these measures and report on them.
Defenses in official
investigations
When investigating authorities become active, this requires quick and at the same time strategically sensible decisions.
This is why we support and defend your company in regulatory investigations from the initial contact to the conclusion of such proceedings. We advise companies on individual phases of an official investigation or take over the defense in the entire proceedings before public prosecutors, antitrust and data protection supervisory authorities and courts. In this way, we secure your ability to act and protect your company in a crisis. In individual cases, we also take on the individual defense of affected management members and executives.
Our many years of experience in all stages of escalation enable us to manage stakeholders professionally while keeping an eye on your business interests.
Our services:
We defend companies in criminal investigations, including allegations of corruption, fraud and breach of trust, in product safety and environmental criminal proceedings or in allegations of money laundering and capital market offenses. Our focus is on defending against corporate fines or ancillary criminal consequences such as confiscation or exclusion from procurement procedures. If necessary, we organize an appropriate individual defense through our network of experienced criminal defense lawyers.
In administrative offense proceedings, we defend our clients in particular in antitrust proceedings and in cases involving allegations of violations in connection with money laundering, supply chain and environmental law requirements. We support companies both in the investigation and in the main proceedings.
Investigations by the authorities often come as a surprise to the company concerned and first become apparent during searches. This is why we prepare companies for this situation with preventative training and checklists and support them in crisis communication. We also support you when investigations by national law enforcement and antitrust authorities or European antitrust and anti-fraud authorities unexpectedly affect your company – during the measures and beyond.
In the context of corporate defense, we also organize the individual defense of those personally affected. With a network of experienced criminal defense lawyers, we can also support our clients when it comes to defending personally accused members of management and executives. In well-founded individual cases and if there is no risk of conflict with the company, we also take on the defense of individuals.
Internal investigations are often necessary in order to ensure a proper corporate defense on the one hand and often necessary cooperation with the investigating authorities on the other. For this reason, we also conduct internal investigations in close coordination with the defending law firm and the prosecuting authorities to accompany official investigations. This ensures that the defense’s protection against seizure is largely preserved and that companies, on the other hand, fully benefit from opportunities to mitigate penalties through internal investigations.
The establishment or improvement of a CMS offers companies the opportunity to hope for reduced penalties in the event of violations. This is because many newer, criminally relevant regulations (e.g. the Ecocide Directive) and also recent case law provide for mitigation of penalties if compliance management systems are in place – even if adjustments are only implemented after the alleged offense.
We advise on the establishment and improvement of a CMS – if necessary during the investigation proceedings, taking into account the findings from the proceedings.
We have your business interests in mind – with foresight and experience.
