»Avoidance of offences; compliance systems
In companies of all sizes, numerous organisational duties arise not just in relation to the avoidance of offences but also in relation to the discovery and sanctioning of offences. In the past, both businesses and the public sector and its companies have all – wrongly – not considered themselves to be responsible. In this area, we give companies, shareholders and managers advice on and support with the creation of guidelines and internal programmes (e.g. in the field of purchasing and sales compliance) to prevent offences. By implementing compliance and monitoring systems, we – together with our clients – jointly achieve a clear allocation of duties and responsibilities and by doing so help to prevent offences. We focus on ensuring that the regulations are tailor-made for those involved and can also be implemented in practice.
We support this claim by providing in-house training sessions and thus educating employees and managers on potential liability risks under civil and criminal law.
»Discovery of offences and internal investigations
Even if the best possible precautions have been taken, companies can be faced with offences committed by their corporate bodies or employees. In such cases, we do not just help those concerned to remedy structural faults and the offences discovered. We support companies and the public sector in quickly and thoroughly establishing the facts of the case. This is the only way of forming viable foundations for defending against the accusation of breaches of duty or preparing for the enforcement of damages against those involved.
»Sanctioning offences; enforcing and defending claims
When offences are discovered, managing directors, executive boards and supervisory boards are usually obliged to enforce both the company's rights of recourse and also claims against the company itself. The focus of our activities is on enforcing and defending the company's rights of recourse against the bodies of the company or its managers, as well as on asserting claims against the liability insurer (D&O insurance) or contractual partners.
»Compliance for public companies
Public companies in particular are expected to behave in a law-abiding and legally complaint manner. There are also special compliance requirements for such companies. When purchasing works, supplies and services, they are usually subject to procurement, subsidy, price and budget obligations, which can have serious consequences if breached. European state aid law also stipulates special requirements for public companies, especially in the area of basic public services.
There is also the issue of industry-specific regulations. Depending on the object of the company, public companies must comply with the energy, personal transportation, recycling management or water laws. Public companies active in the industries of energy and water supply are also subject to special obligations under cartel law. With our particular expertise in public commercial law, we pay particular attention to these special compliance requirements in procurement and cartel law.