Compliance, risk prevention and internal investigations

In particular, he has advised various companies and organisations on the prevention of criminal liability in relation to:

• directors’ liability,
• health and safety,
• lobbying activities,
• the risk of searches,
• data management,
• the prevention of corruption and other breaches of integrity (staff most at risk, directors’ liability)
• the consideration of natural risks in certain activities,
• the fight against illegal tobacco advertising,
• and the prevention of workplace harassment.

Examples:

• Advising a French company which, following a general audit of its activities, discovered irregularities in several contracts presenting a high risk of corruption. Assisting with the termination of contractual relationships with the contracting parties and implementing measures to detect and prevent corruption in the future.
• Advising a French company following a report made via an ‘ethics hotline’ alleging embezzlement and conflicts of interest in the awarding of contracts, targeting an employee. Providing support during the internal investigation and its aftermath.
• Advising a French company on handling reports received via its ethics hotline, as part of its anti-corruption and anti-fraud framework.
• Preliminary assessment of the admissibility and handling of reports.
• Support in establishing an internal investigation charter, in line with the company’s interests and respectful of employees’ rights, in accordance with best practice.

Furthermore, since the adoption of the Sapin II Act and the Vigilance Act, Soulez Larivière Avocats has been assisting its clients in implementing compliance programmes.

Examples:

• Support in adopting a code of conduct that defines and illustrates the various types of behaviour to be prohibited as they may constitute acts of corruption or influence-peddling, and, more broadly, the company’s best ethical practices (adapting the code of conduct to the risk mapping exercise).
• Setting up and managing an ethics hotline for the collection and processing of reports concerning conduct or situations that contravene the company’s code of conduct in relation to corruption and breaches of integrity.
• Support for the implementation of a ‘hybrid’ ethics hotline (covering the risk of corruption, human rights abuses and, more generally, crimes, offences and breaches of international conventions).
• Review of the risk mapping exercise and its further refinement, taking into account, in particular, the sectors of activity and geographical areas in which the company operates.
• Review of procedures for assessing the status of clients, first-tier suppliers and intermediaries in light of the risk mapping.
• Support during an AFA audit, criminal law aspect.

Finally, our lawyers assist their clients in the context of internal investigations launched following reports or ethical alerts.

Examples:

• Advising a French company which, following a general audit of its activities, discovered irregularities in several contracts presenting a high risk of corruption. Assisting with the termination of contractual relationships with the contracting parties and implementing measures to detect and prevent corruption in the future.
• Advising a French company following a report made via an “ethics hotline” alleging embezzlement and conflicts of interest in the awarding of contracts, concerning an employee. Providing support during the internal investigation and its aftermath.
• Advising a French company on handling reports received via its ethics hotline, as part of its anti-corruption and anti-fraud framework. Preliminary assessment of the admissibility of reports and their processing.
• Support in drawing up a code of conduct for internal investigations, in line with the company’s interests and respecting employees’ rights, in accordance with best practice.