Compliance and investigations

We provide comprehensive legal and tax advice in virtually all legal fields and areas
of economic and public life. We are thus able to offer our clients comprehensive yet secure solutions in the area of compliance and investigations.

HAVEL & PARTNERS’ expertise mainly covers the following areas of compliance and addressing non-compliance cases: prevention – setting up a system of internal preventive measures (programs) against non-compliance in order to completely eliminate or at least minimize the impact of public or private sanctions; internal investigations – investigating and identifying internal non-compliance of laws and regulations of the employer in order to protect its property; representation before courts, administrative authorities, and law enforcement authorities.

Corporate governance

• identification of risks (due diligence) and implementation of efficient internal control processes based on the liability of employees and managers
• revision of organizational rules and conditions of employment, rules for signing and acting of employees on behalf of employers
• training on due diligence (due care of a prudent businessperson, business judgment rule), including implementation of good governance rules in the functioning of companies
• drafting codes of conduct (code of ethics, risk management manuals, fraudulent conduct prevention) linked to employment relations

Protection by criminal law

• preparation and implementation of corporate criminal liability exclusion programs
• legal assistance and protection in cases of suspected criminal activity
• solution for cross-border anti-corruption (antibribery) regulations (US Foreign Corrupt Practices Act – FCPA, UK Bribery Act)

Competition and public procurement

• preparation of competition manuals (antitrust), creation of model self-assessments of competitive behaviour with regard to business practices and available decision-making practice of competition authorities and the European Commission
• preparation of crisis scenarios including possible verification of their functioning through mock dawn raids by the competent supervisory authority
• preparation of internal regulations providing for individual types of procurement procedures including modification of below-the-limit tenders

Whistleblowing

A comprehensive turnkey whistleblowing product solution via FairWhistle (www.fairwhistle.cz). Suitable for both private and public organisations. Standard package solutions and individual solutions.

• Setting up and introducing the entire ethics hotline ecosystem
• Implementing a web platform and other whistleblowing communication channels
• Taking over the management of the system and the performance of the office of the competent person
• Internal and external communication, regular system updates

Data protection and GDPR

• cooperation on cyber security and commercially sensitive information protection projects
• audit of personal data processing, including possible recommendations, and setting up internal processes for personal data processing
• preparation of respective documentation (internal directives, data subject’s consents, personal data processing contracts) rules for cross-border personal data transfer

Training, monitoring of important legislative changes, and employment services

• conducting model and specialised training sessions within HAVEL & PARTNERS ACADEMY for employees and management
• monitoring of legislation and important decisions in relevant areas
• implementation of manuals and codes in employer’s internal regulations to become part of employment relationship

Compliance in the banking, insurance, healthcare, pharmaceutical and transport sectors

Internal investigation – investigation of internal violations

• conducting internal investigations and forensic audits using specialised security procedures, detective, expert, IT or technical support
• obtaining evidence for civil or criminal proceedings
• searching for concealed property and assisting in its recovery in criminal proceedings
• taking remedial measures based on conducted investigation (employment termination, preparation of criminal complaints and proposals for initiating administrative or disciplinary proceedings)

Assistance in resolving crisis situations and averting imminent damage

• defence and representation of both natural and legal persons in criminal proceedings
• assistance in dawn raids / on-site investigations
• claiming compensation for damage caused by unlawful conduct, representing injured parties in criminal proceedings
• negotiating reconciliation and settlements including the use of leniency programs in civil, criminal and administrative proceedings
• legal assistance in the investigation of public contracts or bid rigging prohibited competition agreements (cartels, exchange of information between competitors) or unfair competition (bribery of business partners, dissemination of information about competitors, unfair advertising)
• foreign investment protection, hostile takeovers
• taxes, accounting, customs, subsidies (breach of budgetary discipline, subsidies and tax frauds, money laundering)
• regulation of financial and insurance services (insider trading, credit and insurance frauds)
• protection of intellectual property and business secrets (infringement of copyright and database rights, counterfeit branded goods, industrial espionage)
• insolvency proceedings and enforcement (damage to / favouring of creditors, causing bankruptcy, scheming)
• offences (traffic rules violations)
• construction and environment (illegal construction, hazardous substances management, environmental pollution)
• disciplinary proceedings of members of regulated professions