Regulatory Risk Clinic What concerns me? What should concern me? What can I do about it?

New legislation in various sectors are creating new grounds for liability for companies, regulated firms and individuals within those businesses.  Regulators’ powers of investigation and the sophistication of their approach to supervision and enforcement are increasing. 

This session will cover:

- Industry peer concerns on key evolving risks for regulated and un-regulated businesses (what concerns me);

- Horizon scanning on key new grounds for liability and regulatory intervention for companies and individuals (what should concern me);

- Practical tips for managing and avoiding regulatory liability (what can I do about it).

The many shapes and sizes of regulatory information requests

Irish and international regulators are increasingly adopting robust approaches to supervision and enforcement.  Resulting in companies across all industries receiving more and more regulatory information requests.

The tone of these ‘RFIs’ vary greatly, what initially seems like a straightforward request can lead to an administrative sanctions process, a criminal prosecution, or a complex cross-border investigation.

In this session ALG experts will explore the careful balancing act of being cooperative while protecting your position in response to these ‘RFI’s’. With their extensive experience in dealing with the Irish regulators, our specialists, will unpick the reasons why there is ‘no one size fits all’ when faced with an RFI. They will provide practical tips on engaging with regulators in a constructive way to be cooperative, whilst protecting your company’s interests and managing its exposure to third party claims.

Breakout Session 1: Cross-border investigations: Is your business prepared for the challenges ?

Increased collaboration between law enforcement and regulatory authorities across the world, coupled with increasing globalisation, has led to a growth in cross-border investigations – Ireland’s open economy lends itself to this trend.

In this practical session, we will explore the unique challenges which these types of investigations present and equip attendees with actionable strategies to effectively manage these coplexities. We will specifically focus on:

Jurisdictional variations: The importance of understanding legal and cultural differences, how to navigate potential conflicts and pitfalls, and how to avoid causing a problem in one jurisdiction while solving a problem in another.

Stakeholder coordination: Overcoming the challenges of coordinating multiple internal and external stakeholders.

Best practices and strategies: Implementing communication protocols, leveraging technology to streamline investigative processes, and insights on how to build relationships with the investigators and regulators.

Breakout Session 2: Criminal & Regulatory Investigations - Common mistakes & effective strategies for employers

A panel discussion, with a workshop element, which will delve into the practicalities and intricate dynamics of effectively managing criminal matters and regulatory breaches when they arise in the workplace.

This session is designed for employers, GCs, in-house employment counsel and HR professionals who seek to fortify their understanding and response strategies when faced with the complexities and challenges that these issues give rise to.

Experts will dissect the delicate balance between conducting internal HR processes, including disciplinary actions, while complying with regulatory expectations around internal investigations, accountability and fitness and probity / regulatory conduct issues as well as managing external pressures that may arise.

Attendees can expect the speakers to examine all aspects of how both regulated and unregulated employers should react when these matters are uncovered in the workplace and they will offer insights and strategies for how best to navigate these sensitive issues.

Breakout Session 3: All you ever wanted to know about competition law but were afraid to ask

A focused and practical Q&A covering what businesses need to know about competition law in Ireland. Having canvassed client views in advance and drawing on their many years of competition law experience, the panel will look at what General Counsel, in particular, need to know about and be prepared for to manage competition law issues in Ireland.

Themes and topics covered will include:

(i) do’s and don’ts for businesses to comply with competition law,

(ii) outlining the role and powers of competition regulators such as the Competition and Consumer Protection Commission, and

(iii) competition dawn raid preparedness.

Sanctions Compliance Is Europe hurting more than Russia?

The panellists will debate whether the boomerang effect of EU sanctions is causing Europe to hurt more than Russia. The debate will draw out interesting insights from the expert speakers on topics including on:

- The compliance burden on businesses of sanction screening, due diligence and risk management;

- Divergence in interpretations of EU sanctions by different Member State competent authorities

- Measures that the Commission is taking to assist EU operators with sanctions compliance, the assistance that can be expected from regulators;

- Derogations and the practical experience of applying for and obtaining these;

- Regulators’ attitudes to potential enforcement for non-compliance with sanctions and anti-circumvention measures; and

- Horizon scanning, sanctions breaches as an EU crime and insights on how Irish and EU businesses can stay ahead of EU sanctions to protect their businesses.