Conducting and coordinating an extensive internal investigation spanning several jurisdictions on behalf of a leading international bank. The investigation concerned business practices in certain financial instruments in the US which potentially could have had adverse tax consequences in several jurisdictions across Europe (so-called ADRs). Witnesses in four countries were interviewed and communication data of more than 50 individuals were analysed in the context of the investigation. Involved authorities included the SEC in the US and, in Europe, the ECB, the FCA, BaFin and a public prosecutor's office as well as the federal tax authority.
Large-scale internal investigation for a major auditing firm in connection with the audit of an international group of companies. In addition to German-law advice on issues such as corporate law, procedural law and data protection law, A&O also represented the firm in related civil-law disputes and assisted in coordinating actions in the USA. Among the public authorities involved in Germany are the public prosecutor's office, the German Federal Financial Supervisory Authority (BaFin) and the Auditor Oversight Body (APAS).
Large and complex internal investigation for an international medical company regarding allegations of i.a. accounting fraud over a time period of six years in multiple group companies mainly in the Asia Pacific Region and potential involvement of further group companies including the German parent company. The team contained lawyers from multiple jurisdictions, including Germany, China and Hongkong. Apart from the fact finding through extensive document review and interviews, we advised on root cause analysis and potential remediation measures incl. profound changes in the group’s compliance framework.
Cross-border and extremely extensive internal investigation of a leading financial institution on tax-driven so-called cum/ex transactions and coordination of approach to public prosecution office, tax and regulatory authorities.
Advising and representing a large German service company in connection with a cyber attack that led to the encryption of all of the company's IT systems and advising on the associated ransom demands. Apart from the coordination of the different service providers involved and the fact gathering, including with a view to possible civil claims by customers or third parties in the event of publication of the data, we also handled all communication with German law enforcement authorities, data protection authorities, the Federal Office for Information Security and foreign authorities, including the FBI.
Advising and representing a German shipping company in connection with a cybercrime attack in which unknown persons used fake e-mails to pretend to be long-term business partners of the company. The company was thereby deceived and made payments in seven digit range. Thanks to fast and effective cooperation with the firm's team in Poland, large parts of the money could be recovered. In addition, the firm's team was in the lead of the cross-border coordination with the responsible law enforcement authorities and advised with regard to the civil and criminal proceedings.
