Regulatory issues obviously have to be treated very carefully, as they can have very serious consequences. Being (and being seen to be) a fit and proper person to conduct work in your chosen profession or area of business is clearly very important. Most people will hope never have to deal with a serious regulatory issue during the whole of their careers, but if such an issue does arise, it is important to have access to expert and independent legal advice.
In our experience, employers can sometimes be heavy-handed in relation to issues which may have potential regulatory implications, often being concerned for the reputation of the organisation at the expense of one or more individuals working within it. Sometimes, the safeguards or guidance put in place by the employer may not have been sufficient. Sometimes, the employer is pointing the finger in the wrong direction or may even be using one or more employees as scapegoats.
At Archon, we often act for executives in highly regulated sectors, including:
- Banking and other financial services
But whatever sector you are in, you undoubtedly have compliance issues to contend with.
Our work for executives in this area includes:
- advising banking and financial services executives on FCA and other regulatory issues arising in relation to employment contract s and remuneration, including with regard to bonuses, malus, and clawback;
- advising a wide range of professionals in relation to disciplinary issues with potential regulatory implications, including allegations of fraud, breach of duty, breach of confidence, gross negligence, sexual misconduct and technical regulatory breaches
- advising and assisting a wide range of professionals with defending internal and external proceedings and (where appropriate) negotiating settlement agreements.