Compliance and investigations
Hammervoll Pind’s lawyers assist the management of smaller enterprises and large corporate groups within compliance and matters pertaining to business ethics. We place major emphasis on understanding the business processes and commercial needs of our clients in relation to the complex regulatory framework within which they have to operate.
In business today there is a great deal of focus on a company’s internal systems for ensuring compliance within the regulatory framework. A business partnership or investment in a company that does not consciously work with compliance, will represent a financial and reputational risk. There are now few companies that are willing to take this risk.
Breach of laws and regulations can have major consequences for the company, management and employees. Society is devoting greater resources towards exposing legal violations. The size of fines and severity of penalties and other consequences are continually increasing. There are many applicable indirect and direct consequences of regulatory violations, for example:
- Criminal liability for management and employees, as well as corporate penalties
- Civil law fines and settlement agreements
- Liability for damages
- Loss of contracts or licences/dispensations
- Decrease in company value (uncertainty and financial loss)
- Lack of interest from investors and collaborative partners (risk)
- Loss of reputation
- Exclusion from public tenders
A compliance programme will reduce the risk of regulatory violations
If the company has an effective compliance programme, this will be a good form of defence against prosecution and claims for damages, even if regulatory violations are uncovered.
Hammervoll Pind has expertise in identifying and assessing a company’s exposure to regulatory and business ethics requirements. Together with the clients, we assist with identifying risks and proposing measures to reduce risk. We assist in the development of ethical standards, culture, policy and routines.
We can conduct risk assessments and integrity due diligence (IDD) of business connections and candidates for acquisition, both domestically and abroad. This reduces the risk that the company will become involved in legal violations due to the actions of collaborative partners. By knowing more about collaborative partners and who is behind them and by setting requirements for ethics and compliance, the company can reduce the risk of potential breaches of the law. If a breach of the law within a company is suspected or uncovered, we can assist with internal investigations and advice, and follow-up such breaches both internally and externally.
Our team of lawyers has experience with internal investigations both domestically and abroad, and in connection with suspicion of internal irregularities, unacceptable conditions or breach of regulations and contract law requirements.
We emphasise having targeted and independent investigation processes that adhere to the rule of law
Our team has experience and knowledge of legal requirements and leading practices within many of the relevant regulatory areas for Norwegian companies. This applies to the following key areas:
- Corporate Social Responsibility (CSR) / Environmental, Social, and Governance (ESG)
- Data protection regulations (GDPR) and information security
- Anti-trust/competition and public procurement
- HSE regulations and labour market crime
- Working Environment Act, including statutory requirements for whistleblowing
- Export controls/sanctions
- Anti-money laundering
- Guidelines for corporate governance