Investigations

Expert legal advice on investigations and corporate crises, guiding boards and senior management through regulatory scrutiny, reputational risk and crisis response.

Overview

The Investigations team at Travers Smith expertly advises boards and senior management on sensitive investigations and corporate crises, acting both as standing advisers and as independent counsel where freedom from conflicts is required.

Investigations arise in a variety of contexts - whether triggered by regulators, whistleblowers, incoming owners or internal concerns. They typically place significant demands on senior management and carry considerable reputational and legal risk, particularly where allegations touch individuals directly. The Travers Smith team's experience spans regulatory investigations by the FCA, SFO and CMA, as well as complex internal investigations across a wide range of sectors and circumstances.

Where a crisis requires it, we draw on integrated expertise across Dispute Resolution, Competition and Employment to advise clients across the full lifecycle - from preparation and immediate response through to collateral impact management and post-crisis recovery.

Investigations checklist

When faced with allegations of wrongdoing, there is often a need to act swiftly and sensitively to protect your business and its reputation. Good project management is crucial.

Our checklist sets out key considerations in the first 24 hours of any investigation – whether in response to an internal whistleblower or external party like a regulator.

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Selected highlights

  • Appointed by NatWest Group to undertake an independent review into account closure arrangements at Coutts in two phases: the first covering the decision to close the Coutts accounts of a prominent individual and the circumstances surrounding a potential breach of confidentiality relating to their customer information; the second covering a wider sample of Coutts' account closures over a two-year period.

  • Advising a leading, private equity-owned, UK business, following discovery of significant fraudulent activity committed by an agent whilst acting on its behalf. We advised the client on its exposure and reporting obligations under the Proceeds of Crime Act 2002 (as well as its investors' reporting obligations to the FCA), and steps required to mitigate its liability vis-à-vis investors, customers and third-party contractors.

  • Advising a private equity investor in relation to an investigation into one of its portfolio groups of companies, headquartered in Europe, in response to allegations of widespread fraud, bribery, embezzlement, false accounting and corruption across multiple jurisdictions.

  • Advised a food manufacturing client in a highly sensitive, board-level investigation arising from detailed anonymous whistleblowing allegations regarding fraud, asset diversion, regulatory breaches, and breaches of fiduciary and employment duties by a former consultant and ex-owner of its UK subsidiary. Our multi-disciplinary team collaborated to provide integrated advice on every aspect of this matter, from designing the scope of the investigation, advising on legal privilege strategy, assisting with the formulation of the terms of reference, advising on employment, operational and regulatory risks, and supporting the client with the sensitive exit of key personnel - all against a backdrop of significant potential criminal and regulatory exposure.

  • Advised a major experience provider on their response to two separate fatalities relating to customers' booked experiences with third parties. Our advice included assistance with the immediate approach to 'Day 1' responses to and dealings with stakeholders including regulators, press, customer and third-party providers, counselling on further engagements with each of the same as the matters progressed, responsive remedial measures, and ongoing assistance around potential claims and engagement in and representation at future coronial processes.

  • Acting for the Oversight Committee of the Bank of England (together with Lord Grabiner KC) in connection with its investigation into the role of Bank officials in relation to conduct issues in the foreign exchange market.

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