We are advising private and public companies, municipalities, and institutions as well as management boards, general managers, supervisory boards, and other executives on all aspects of compliance. We conduct internal investigations in cases of suspicion and support our clients in introducing whistleblowing systems.
Heuking Kühn Lüer Wojtek is ranked among the top law firms in Compliance by JUVE, Chambers, Legal500, WirtschaftsWoche, and Focus Spezial.
Legal requirements in business life are enormous. An individual, company-specific compliance culture and specific concepts to avoid legal errors and unlawful employee conduct minimize liability risks for management (keyword: supervisory and organizational duties) and the company as a whole. They contribute to a corporate mission statement that is both honest and trustworthy. Last but not least, effective compliance management systems offer protection against direct damage caused by employees, such as the misappropriation of company funds, the misuse of operating resources, theft, breaches of secrets, etc.
We identify our clients’ risk areas and responsibilities while setting risk and implementation priorities and find appropriate and effective solutions in designing compliance management systems. Not only “classic” cases of compliance such as cartels and corruption entail significant legal risks for company and its executives. Depending on the industry and a company’s risk situation, preventing infringements of tax law (tax compliance), data protection law, environmental law, export control and other foreign trade laws, food regulations, money laundering obligations, or capital market law may also be the subject of corporate compliance.
If compliance violations are suspected and in the case of official proceedings, management must quickly learn the extent of any misconduct to react properly: This is where internal investigations are the appropriate means to achieve this purpose.
Internal investigations are part of an effective compliance management system. As a first step towards damage reduction, they have a preventative effect and mitigate sanctions against the company. Internal investigations also contribute to corporate self-cleaning as required by law (such as in public procurement law).
We advise our clients on implementing whistleblowing systems. Under the EU Whistleblower Directive, companies with more than 50 employees or more than EUR 10 million in sales are to be obligated to set up whistleblower hotlines by 2021.
Based on our many years of expertise in advising on White Collar and Criminal Compliance relating to regulatory and criminal proceedings, we offer compliance monitoring where we observe and evaluate corporate compliance activities and document our findings, either upon official orders by the authorities or on behalf of our clients. Supervision leads to documented findings and assessments of compliance measures and offers clients valuable insights into the status and quality of their compliance management system.
Compliance monitorships may be introduced, for example, by order of a judicial authority or a private institution (such as the World Bank or the IMF), on behalf of the supervisory board of a stock corporation or on behalf of the executive board of a parent company relating to a subsidiary’s compliance activities.