Compliance
Investigation
Diligence
Litigation
Investigation
Following international standards, the possibility of excluding and/or attenuating corporate criminal liability is, according to the Spanish penal code, based on the implementation of an effective compliance program. Risk assessment, monitoring and reactive measures are the hallmark of this enforcement instrument that provides the standard of modern corporate citizenship.
Corporate Defense is specialized in designing and implementing criminal-law related compliance programs in conformity with Spanish case law and national and international standards (ISO 19600 –Compliance Management Systems. Guidelines–, ISO 37301 – Compliance Management Systems. Guidelines -, ISO 37001 –Antibribery Management Systems– and UNE 19601 –Compliance Management Systems. Requirements–).
In case any illegal activity is detected internally or externally within the corporation, conducting internal investigations to determine the scope of wrongdoing and the position of the corporation is of the essence. The results of such probes are subject to attorney/client privilege and enable the corporation to shed light over the facts and attenuate their liability.
Corporate Defense conducts these investigations and recommends corporations which position to take in light of the facts discovered. This secures optimal cooperation with the authorities and provide firm moorings in case of the commencement of criminal proceedings.
The Spanish regulation foresees that Mergers & Acquisitions, spin-offs and other type of corporate transformation do not extinguish corporate criminal liability (the so-called corporate successor liability). Therefore, in all corporate transactions in which Due Diligence is required, an analysis of the criminal law perspective is mandatory to minimize potential future liabilities.
Corporate Defense specializes in criminal-law related analysis within Due Diligence processes, collaborating with law and consulting firms that are active in this segment of corporate management.
Corporate Defense litigation practice is focused on the protection of its clients’ interests, whether individual or corporate, through robust preparation and representation of the client before enforcement agencies in complex matters. We emphasize the proactive role in preliminary investigations and strive to resolve matters in the most efficient way for our clients. We also have substantial trial experience and representation before the Spanish Supreme and Constitutional Court. Throughout the litigation procedure we pay particular attention to avoid potential conflicts of interests and to provide accurate information to the client in order to maximize the decision-making process.
Compliance
Investigation
Diligence
Litigation