As an interdisciplinary matter, we examine, avoid and process actual or potential compliance violations. We avoid image losses, substantial fines or damage claims for our clients. If we suspect legal violations, we are on our clients’ side from the very first minute. Without ifs and buts.
In order to avoid compliance violations, we conduct and accompany internal investigations both on- and off-site. In order to proactively minimize the risk of official measures by public authorities or the risk of fines, we develop customized compliance programs and inspect the legal entries in the german transparency register. In doing so, we keep our eyes open both left and right. We consider and take into account the intersections of our respective practice areas and draw on the expertise of our experienced staff as well as the specialized knowledge of our national and international cooperation partners. In the event of breaches of duty by management or employees, we advise on the assertion of claims for damages against board members or employees. We also advise on the coverage of D&O insurances. The same applies to measures to prevent money laundering. We examine which obligations (reporting, due diligence and organizational obligations) must be observed in business transactions and which sanctions may be imposed. In cross-border cases we cooperate with highly specialized law firms abroad.
We monitor the respective status of legislation. One current focus of our advisory services is the Supply Chain Act (“Act on Corporate Due Diligence in Supply Chains”), which was passed on March 3, 2021, to strengthen human rights along the supply chain. The law aims to make companies identify and prevent human rights violations in their supply chains. The Supply Chain Act affects both German and foreign companies that operate a dual branch in Germany. From Jan. 1, 2023, it must be implemented by companies with more than 3,000 employees; from Jan. 1, 2024, by companies with more than 1,000 employees. Smaller companies must implement the Supply Chain Act (often only partially) if they are part of a supply chain of a large company. Violations of the Supply Chain Act are subject to fines of up to €800,000; companies with annual sales of more than €400 million face a fine of up to 2% of average annual sales.
Our services include:
- Establishment and development of internal compliance programs
- Implementation of appropriate employee training
- Supporting internal investigations, also on our clients’ own initiative
- Measures to prevent money laundering
- Examination and enforcement of claims for damages