Regulatory & Investigations

A comprehensive and unparalleled view on regulations and investigations

With the global regulatory landscape evolving rapidly, and compliance regimes becoming increasingly rigorous, wide-ranging, and complex; coupled with regulators gaining progressively broad powers and law enforcement authorities imposing greater controls, regulatory issues pose growing and significant legal and reputational risk for organisations and individuals alike.  

Our global Regulatory & Investigations team has the necessary experience and knowledge to bolster risk and compliance in established regulatory frameworks, and provide rapid, detailed responses to new regulatory requirements and risks as they arise. 

The team has acted on some of the world’s highest profile investigations, including prominent regulatory inquiries, regulatory enforcement, criminal investigations and prosecutions, and related civil litigation.

Our combination of deep sector knowledge, expertise across regulatory fronts, and an interconnected global network enables us to provide a comprehensive and joined-up services to our clients, wherever and whenever they operate.


Key risks and opportunities for our clients around the world

Our Service

From compliance and risk management matters, throughout internal and regulatory investigations, enforcement action, to remediation and recovery, we provide our clients with a full suite of regulatory and investigations service. 

We have on-the-ground support in emerging markets including Africa, the Middle East, Asia and Latin America, as well as deep experience in the mature regulatory and enforcement markets of the United States, United Kingdom, Europe, Australia and Canada.

UAE- The G in ESG
Environmental, Social and Governance (ESG) | Regulatory & Investigations

UAE- The G in ESG

19 June 2024

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Our Regulatory & Investigations Work

  • All
  • Africa
  • Asia Pacific
  • Latin America
  • Middle East
  • North America
  • UK & Europe
  • Advised an oil and gas producer

    We advised an oil and gas producer on exploration and production contracts in Brazil subject to merger notification requirements, at EU level, or equally at other national competition regulator levels.

    Brazil

    Advised the Amsterdam branch of a major European bank

    Advised the Amsterdam branch of a major European bank on a USD 100 million medium-term syndicated structured export prepayment facility to finance the storage of export of soy beans in and from Brazil.

    Brazil

    Advising London Underwriters

    Advising London Underwriters in the investigation of an alleged USD 9 million diamond robbery which was eventually established as fraudulent, and the owners subsequently convicted of insurance fraud.

    United States

    Advising on South American trades

    Advising on South American trades where AML issues pertaining to local tax requirements.

    Mexico

    Advising trader

    Advising trader on criminal aspect returning the regular court proceeding.

    United States

    Conducting an internal investigation for a commodities trading

    Conducting an internal investigation for a commodities trading client into allegations of corruption by the Brazilian authorities and advising the client on the SFO’s investigation.

    Brazil

    Represented a broker before FINRA

    Represented a broker before FINRA in connection with investigation into and enforcement of rule violations arising out of unauthorized discretionary trading activity over a multiple-year period.

    United States

    Representing a global insurer

    Representing a global insurer in the investigation and recovery of more than USD 44 million in stolen diamonds.

    United States

    Representing a group of insurers in the evaluation of claims

    Representing a group of insurers in the evaluation of claims and subsequent recovery arising out of a major lapping scheme fraud.

    United States

    Representing Lloyd's Syndicates

    Representing Lloyd's Syndicates and other foreign insurers in a series of litigations through the United States over the fortuity of losses in gold transactions.

    United States
  • Assisting client in South Africa

    Assisting client in process of debarment representatives. 

    South Africa

    Assisting client in bringing application to the FST

    Assisting client in bringing application to the FST for reconsideration of decision by the PA to refuse variation of licence conditions.

    South Africa

    Inspection of pathology and radiology practice groups

    Inspection of pathology and radiology practice groups to obtain evidence of alleged perverse incentives and kickbacks, interviewing employees, analysis of evidence and drafting reports.

    South Africa

    Investigation of hospital groups

    Investigation of hospital groups to establish the referral system between doctors practising within the hospital and the hospital itself, including rental discounts and referral targets placed on doctors.

    South Africa

    Representing client on FSCA

    Assisting client to make representations to FSCA in relation to investigation on commission structure following anonymous tip-off.

    South Africa

    Engaging with FSCA

    Engaging with FSCA regarding potential policyholder dispute and contractual dispute pursuant to termination of binder agreement between non-life insurer and its binder holder.

    South Africa

    On-site inspection by PA

    Advising clients of procedures and entitlement during anticipated on-site inspection by PA.

    South Africa

    Broker and insurer allegations of conflicts of interest

    Engaging with the FSCA on behalf of a broker and insurer who form part of the same group relating to allegations of conflicts of interest and alleged failure to comply with TCF obligations by policyholder accused of fraud.

    South Africa

    Alleged exchange control breaches

    Engaging with the Reserve Bank in relation to alleged exchange control breaches by client in relation to intermediation on CFD transactions.

    South Africa

    Investigation into client’s business

    Making submissions to the FSCA on behalf of client in relation to investigation into client’s business and potential withdrawal of licence based on breaches of financial services legislation.

    South Africa
  • Acting for an ASX-listed company

    Acting for an ASX-listed company in respect of a major internal fraud investigation of a subsidiary entity including advising the company on regulatory issues, potential criminal prosecution and ongoing fraud proceedings.

    China

    Acting for a Chinese state-owned enterprise

    Acting for a Chinese state-owned enterprise in an investigation by the World Bank involving allegations of fraud and corruption in connection with an infrastructure project in Eastern Europe.

    China

    Representing insurer

    Representing an insurer in respect of a criminal corruption prosecution commenced against senior executives of a multinational corporation in respect of claims arising under a Directors' and Officers' Liability Policy and a Crime Policy.

    China

    Investigation into allegations of corruption made by the Indonesian authorities

    Advising a client in the aviation industry in relation to allegations of bribery and corruption involving a state owned entity.

    Indonesia

    Advising on anti-bribery and corruption allegations

    Advising a multinational corporation on its anti-bribery and corruption obligations and resolving alleged concerns held by the Australian Federal Police and a regulator that the corporation had breached those obligations

    Australia

    International Air Transport Association - travel agent fraud claim

    Advising 32 airlines and the International Air Transport Association on a series of major frauds allegedly committed by various travel agents involving money laundering and the issuance of millions of pounds worth of tickets without accounting to the airlines

    India

    World Trade Organisation EU public procurement rules

    Advised a metal producer on World Trade Organisation (WTO) law issues arising from a proposed ban by Indonesia on the export of iron ore. We also advised on the possibility of producers coordinating a response to such an initiative, within the bound permitted by competition laws in the EU and globally (including US and Canada)

    Indonesia

    Defending Air New Zealand

    Successfully defending Air New Zealand in the EU Commission’s extensive proceedings against 20+ airlines accused of cartel infringements in the air cargo sector. The investigation led to 11 airlines being given fines totalling EUR 800 million

    New Zealand

    National government implementation of UN financial sanctions

    Providing advice on the implementation of UN financial sanctions by Singapore; whether Singapore has implemented UN Security Council Resolution 1970 (2011) against Libya; and whether Singapore has expanded its list of designated persons following the implementation of EU Regulation 503/2011

    Singapore

    Implementing UN financial sanctions against Libya

    Advising a leading international trading organisation on the implementation of UN financial sanctions against Libya by Singapore and whether Singapore has expanded its list of designated persons following the implementation of EU Regulation 503/2011

    Singapore
  • Conducting an internal investigation for a commodities trading

    Conducting an internal investigation for a commodities trading client into allegations of corruption by the Brazilian authorities and advising the client on the SFO’s investigation.

    Brazil

    Advised the Amsterdam branch of a major European bank

    Advised the Amsterdam branch of a major European bank on a USD 100 million medium-term syndicated structured export prepayment facility to finance the storage of export of soy beans in and from Brazil.

    Brazil

    Advised an oil and gas producer

    We advised an oil and gas producer on exploration and production contracts in Brazil subject to merger notification requirements, at EU level, or equally at other national competition regulator levels.

    Brazil

    Advising on South American trades

    Advising on South American trades where AML issues pertaining to local tax requirements.

    Mexico

    Energy sector merger notification requirements

    Advising an oil and gas producer on exploration and production contracts subject to merger notification requirements, at EU level, or equally at other national competition regulator levels.

    Brazil

    Advising Brazilian developers of renewable energy projects

    Advising Brazilian developers of renewable energy projects on agreements for the forward sale of carbon credits, reviewing CDM emission reductions purchase agreements and regulatory requirements

    Brazil
  • Conducting investigations on a UAE-based international construction company

    Conducting investigations and advising a UAE-based international construction company following allegations that large government contracts had been procured through bribery, and advising on necessary remedial action.

    United Arab Emirates

    Representing and initiating criminal proceedings

    Representing and initiating criminal proceedings against a number of individuals following allegations of money laundering, fraud and misappropriation in UAE criminal proceedings, and defending and successfully lifting Interpol Red Notices.

    United Arab Emirates

    Advising businesses, shipowners and insurers

    Advising businesses, shipowners and insurers on the effects and application of the restrictions imposed by the UAE and KSA against Qatar.

    United Arab Emirates

    Advice on US sanctions

    Advising insurance, reinsurance, shipping and corporate clients on US sanctions in Iran, North Korea, Cuba, Sudan, Syria and Somalia

    Iran

    Iraqi Government

    Drafting the Free Zone Laws for Iraq.

    Iraq

    Advising traders on region-specific sanctions

    Advising trading companies on issues arising from sanctions against doing business in, among other places, Iraq and Syria

    Iraq

    Unlawful expropriation of assets and property

    Advising Saudi investors in relation to an ICSID arbitration, BIT treaties and alternative enforcement mechanisms regarding the unlawful expropriation of assets and property by the Egyptian government arising out of the Arab Spring

    Saudi Arabia

    AECOM

    Advising AECOM in respect of its restructuring of a substantial number of operating companies carrying out business throughout the Middle East following its merger with Cansult/Maunsell. This instruction comprised a substantial due diligence exercise into the various operating companies and advice on the legal and regulatory regime of four Emirates in the UAE, KSA, Qatar and Oman for the implementation of the restructuring with a view to streamlining AECOM's operations throughout the region...

    United Arab Emirates

    Meydan Free Zone

    Drafting the employment regulations for the Meydan Free Zone.

    United Arab Emirates

    UAE Regulator

    Advising this UAE regulator on its framework law including conducting a detailed benchmarking exercise, advising on policy matters and implementation of the law and redrafting legislation. This project interfacing with a number of other government departments.

    United Arab Emirates
  • Representing a global insurer

    Representing a global insurer in the investigation and recovery of more than USD 44 million in stolen diamonds.

    United States

    Representing Lloyd's Syndicates

    Representing Lloyd's Syndicates and other foreign insurers in a series of litigations through the United States over the fortuity of losses in gold transactions.

    United States

    Advising trader

    Advising trader on criminal aspect returning the regular court proceeding.

    United States

    Representing a group of insurers in the evaluation of claims

    Representing a group of insurers in the evaluation of claims and subsequent recovery arising out of a major lapping scheme fraud.

    United States

    Advising London Underwriters

    Advising London Underwriters in the investigation of an alleged USD 9 million diamond robbery which was eventually established as fraudulent, and the owners subsequently convicted of insurance fraud.

    United States

    Represented a broker before FINRA

    Represented a broker before FINRA in connection with investigation into and enforcement of rule violations arising out of unauthorized discretionary trading activity over a multiple-year period.

    United States

    Regulatory and compliance advice to a risk management organisation

    Advising a worldwide leading risk management and insurance intermediary on numerous regulatory and compliance issues in Canada

    Canada
  • Competition Compliance and dealings with EU Distributors

    Advising a technology company on EU and UK competition issues arising from dealings with distributors and with competition compliance checks on their UK subsidiaries. This has included compliance audits on the UK subsidiaries followed by privileged communication on amending practices as necessary (e.g. export restrictions).

    United Kingdom

    Sanctions advice for a trade association

    Advising a trade association on the consequences of a party to an arbitration under its rules becoming a sanctioned entity based upon UK, EU and US sanctions advice.

    United Kingdom

    Banking sector claims validation advice

    Advising the CEO and directors of a large Eastern European/Russian Bank in a multimillion dollar fraud case.

    Russian Federation

    Investigation into alleged sexual misconduct

    Conducting an internal investigation into allegations of sexual misconduct for a client in a regulated industry and advising on reporting requirements.

    United Kingdom

    EU Emissions fraud in the European Registry

    Advising regarding an EU Emissions fraud in the European Registry which caused the market to stop trading for a short period of time after a number of legitimate players found themselves subject to litigation regarding related property rights and emissions

    Switzerland

    Advised on D&O/PI cover for a leading national accounting firm

    The FSA led an investigation into operations systems and controls (FS regulated advice).  This raised questions regarding the nature and extent of our client's cover. We were therefore required to advise as to the adequacy of this cover. We then assisted with the transition of our client into another accountancy firm.

    United Kingdom

    EU investigation of air cargo services

    Representing a leading global air cargo operator in the ongoing EU investigation of air cargo services

    United Kingdom

    Fraud investigations advice

    Conducting internal investigations into fraudulent activities of third parties, employees and agents and advising clients on how best to prevent fraud within their organisation

    United Kingdom

    EU investigation of a chemical tanker operator

    Represents a global chemical tanker operator in the ongoing EU investigation of parcel tanker services

    United Kingdom

    FSA bribery and corruption investigation

    Acting for a large broker that has been under investigation by the FSA since 2011 in relation to bribery and corruption issues.

    United Kingdom

Emerging commercial risks

You can’t avoid risk, but navigate it successfully and you can emerge stronger. That requires the superior knowledge of what you’re facing that Clyde & Co gained from hands-on experience dealing with risks of all kinds, all over the world, across our core sectors and beyond. We’ll work in partnership with you to help you face the future with confidence.

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Our Regulatory & Investigations Team

Rachel Cropper-Mawer
Rachel Cropper-Mawer

Partner

Chris Hill
Chris Hill

Partner

Avryl Lattin
Avryl Lattin

Partner

David Leckie
David Leckie

Partner

Kenneth P. Quinn
Kenneth P. Quinn

Partner

John Whittaker
John Whittaker

Partner

Fergal Cathie
Fergal Cathie

Partner

Charles Kuhn
Charles Kuhn

Partner

Rebecca Kelly
Rebecca Kelly

Managing Partner – Australia

Ernie Van Der Vyver
Ernie Van Der Vyver

Partner

Keith Geurts
Keith Geurts

Partner

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Health and safety legal compliance

Tech enabled audits

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Around the World in 90 Minutes - Global Webinar Series

Keep up to date with the latest trends and updates in the corporate insurance world from our global industry experts.

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