Our research/activities focus on the following areas:
Compliance (Legal & Regulatory)
- Clients dealings with the supervisory authorities for approvals, changes in standards, organisation of compliance, anti-money laundering and the fight against the financing of terrorism.
- Clients adapting their legal documentation (account agreement, management mandate, etc.) and their practices to the constant changes in the applicable regulations (code of ethics, compliance program, AML/CFT and financial crime policies, etc.).
- Clients drafting and negotiating contracts with their regular providers (outsourcing contract, delegation of financial management, delegation of custody, contract for investment decision-making assistance services, etc.) in accordance with the applicable regulations.
- Clients structuring (regulatory approvals, drafting of articles of association, applicable regulations and prospectuses) products or services destined to the public.
- Clients developing, implementing and enhancing risk-based enterprise-wide anti-money laundering compliance programs, including drafting Customer Identification Program (CIP), Customer Due Diligence (CDD), and Enhanced Due Diligence (EDD) policies and procedures, and internal controls that are designed to ensure compliance with suspicious activity and transaction reporting requirements, record keeping requirements; and economic sanctions laws and regulations administered and enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC).
Financial Crimes Investigations
- Due diligence and improvement of KYC formats.
- Quality reviews of completed investigations and filed SARs and STRs.
- Reviews of historical transactions in response to regulatory inquiries.
- Trend analysis of transactional activities based on forensic data examination.
- Comprehensive AML/CFT and economic sanctions investigations.
- Post-regulatory action requirements, such as remediating requirements.
Bribery, Corruption & Fraud Prevention
- The detection and prevention of corrupt practices from investigation and enforcement to compliance and monitoring.
- Creating, enhancing and implementing anti-corruption compliance programs addressing corruption-related risks.
Cybersecurity, Privacy & Data Protection
Strategies to help clients identify and manage legal and reputational risks associated with data management, including:
- Cross-border data transfers (intra-group and with third parties), cyber transactions, e-commerce operations and online marketing
- Data access, data sharing and licensing/terms-of-use arrangements as well as employee, independent contractor and vendor confidentiality agreements
- Data breach management, readiness and prevention, incident response, law enforcement coordination, and post-breach recovery
- Data protection audits and privacy policies
- Employee hotlines and whistleblowing procedures
- Business secrecy compliance, risk management and data retention
Exchange of Information for Tax Purposes
The increasing regulations of the Organisation for Economic Co-operation and Development (OECD) and the Global Forum on Transparency and Exchange of Information for Tax Purposes in the area of the automatic exchange of information, in particular with respect to the Common Reporting Standard.
A broad array of issues impacting clients’ legal risks, including advertising practices, consumer disclosures, and compliance with the myriad of laws regulating consumer interactions.
FinTech & RegTech
Legal and regulatory frameworks of new technologies used by the financial sector – and the regulators of that sector – such as:
- Banking organisations.
- Payments companies and systems.
- Card issuers and networks.
- Exchanges institutions and alternative trading systems.
- Information and deal portals.
- Data analytics firms.
- Financial market utilities and service providers.
- Minimising operational and regulatory risks.
- Best practice codes relevant to corporate responsibility.
- The legal issues which most regularly impact clients’ businesses.
- Corporate policies and codes of conduct analysis.
- Liability and risks issues related to the board of directors and senior executives.