Internal and Regulatory Investigations, Compliance and White Collar Defence
Internal and Regulatory Investigations, Compliance and White Collar Defence
We have robust expertise in internal and regulatory inquiries and investigations in Québec and Canada. Our versatile lawyers effectively advise clients at all stages of an investigation or inquiry, from the first moment allegations are made to defending their interests before administrative tribunals and courts of law.
Our lawyers are crisis management experts working alongside lawyers from other Litigation and Dispute Resolution groups to provide clients with strategic advice based on an integrated approach to legal, reputational and commercial risks. Where circumstances warrant, we work with recognized IT or media relations experts.
Our lawyers also have in-depth knowledge of the workings of inquiries, investigations and audits initiated by administrative, professional, criminal and police authorities, which they use to defend the interests of their clients, in particular to protect applicable privileges and ensure the legality of investigative powers, including powers of search and seizure.
We have advised clients on hundreds of investigative cases of all sizes, conducted by a wide range of administrative, professional, penal and criminal authorities, including cases involving commissions of inquiry, the Autorité des marchés financiers, the Canadian Investment Regulatory Organization (formerly IIROC), the Royal Canadian Mounted Police, the Unité permanente anticorruption, the Autorité des marchés publics, the Competition Bureau Canada, tax authorities, the Office de la protection du consommateur, environmental authorities, Health Canada, authorities responsible for the protection of personal information and the Lobbyists Commissioner. Our professionals have provided services in cases relating to:
- Allegations of insider trading, and stock (pump and dump) and cryptoasset market manipulation, exempt market offerings, and breaches of derivatives and insurance product regulations
- Allegations of internal and banking fraud
- Allegations of local and foreign corruption, bribery, kickbacks, conflicts of interest, and gifts and hospitality policy breaches
- Compliance with lobbying regulations and election legislation
- Prevention of money laundering, modern slavery in supply chains and breaches of international economic sanctions
- Allegations of collusion, bid-rigging and breaches of tender regulations
- Cybersecurity incidents, data breaches, theft of personal information, ransomware extortion, phishing and identity theft
- Allegations of environmental offences
- Advertising regulations, in particular governing advertising directed at children, as well as the indication of prices and discounts
- Audits and administrative inspections by public bodies
- Penal and disciplinary inquiries and investigations
- Revocations of authorizations to contract with public bodies
Lastly, as internal and regulatory inquiries and investigations frequently flag issues regarding the confidentiality of sensitive information, we advise our clients on judicial and non-judicial mechanisms that may be considered, including applying for Anton Piller and Norwich orders, and Mareva injunctions, Lavallee motions and orders for in camera proceedings, or challenging requests for documents from foreign authorities pursuant to the Business Concerns Records Act and interprovincial subpoena acts.
Compliance
We provide you with advice and training on all legal aspects that may arise in connection with internal or regulatory inquiries and investigations, including in crafting and reviewing internal policies and codes of conduct, and more broadly, in respect of compliance programs. Depending on your needs, we help you with everyday compliance management and advise you on how to improve your processes in accordance with the latest best practices.
Our lawyers have also advised on hundreds of mergers and acquisitions and financing transactions on issues relating to securities transactions, the integrity of public procurement, domestic and extraterritorial legislation governing international sanctions and anti-corruption efforts, and the protection of personal information. They leverage their in-depth experience to effectively advise you in assessing risks, and negotiating and drafting contractual provisions specific to these issues, while factoring in any commercial imperatives that may arise in the course of such transactions, particularly those involving an international component.
White collar crime and anti-corruption programs
Our lawyers have expertise in a broad range of criminal offences, including insider trading, market manipulation (pump and dump), collusion, bid-rigging, international sanctions, and domestic or international corruption and bribery, to protect you whether your involvement in an alleged offence is direct, such as subsequent to an internal inquiry, investigation or search, or indirect, as a third party or victim.
Our team also has proficient, across-the-board knowledge of the main anti-corruption legislation and its impacts, including the rules governing integrity and ineligibility for public contracts. Our firm is frequently engaged by businesses and their boards of directors to develop strategies and policies to preserve the integrity of their governance, administrative processes and financial controls, particularly in relation to the Corruption of Foreign Public Officials Act. We also assist you in inquiries and investigations of related issues in Québec, across Canada and beyond.