Compliance and business ethics
Daphné LATOUR advises her clients, CAC 40 or smaller, French or international, industrial companies or financial institutions, as well as their directors and/or administrators regarding any compliance and/or business ethics issue they may face. Her areas of expertise include:
- Anti-bribery (Sapin II Law; Foreign Corrupt Practices Act (FCPA); UK Bribery Act);
- Fight against fraud ;
- Fight against money laundering and the financing of terrorists;
- Human rights (including the French law Devoir de Vigilance, gender equality regulations, environmental laws);
- Regulatory banking laws (including FATCA, MIFID, EMIR.);
- Cybercrime and personal data protection (GDPR);
- Corporate societal and environmental responsibility; and
- International sanctions, embargoes and export control.
Upstream, in all these areas, Daphné LATOUR, offers the following services:
- Risks mapping;
- Drafting and implementing an efficient anti-bribery compliance program (ethics charter; anti-corruption code of conduct; third parties due diligence proceedings; internal investigation proceedings; sponsorship policies; conflict of interest policies; gift and entertainment policies);
- Drafting and implementing business consultants policies; drafting and implementing a system to manage the contracts of business consultants;
- Training and advising CEOs and administrators on their criminal and civil liability in relation to financial, criminal, reputational and corporate risks;
- Advising the compliance function/department on settlement opportunities;
- Drafting and implementing whistleblowing systems and the management of confidential alerts;
- Assisting with the drafting and implementation of internal procedures (notably including accounting procedures and KPI);
- Effectuating compliance due diligence in M&A operations; and
- Operational training for managers and high-risk employees notably regarding anti-bribery risks and prevention, criminal risks (including police custody) and human rights regulations.
Downstream, Daphné LATOUR also advises and assists her clients, legal entities and/or individuals, on compliance and business ethics both during pre-litigation and litigation matters:
- Assisting legal entities in completing purely internal investigations, both in the context of a preliminary investigation for corruption or similar misdemeanors, or outside of such a context;
- Assisting individuals, managers or employees accused by a whistleblower or charged in the context of an internal investigation for corruption, influence peddling, misuse of corporate assets, fraud, harassment, insider trading, unfair competition or theft of sensitive information;
- Assisting clients audited by regulatory authorities including the French Anti-corruption Agency (AFA), Financial Markets Authority (AMF), Prudential Supervision Agency (ACPR), French National Agency Regulating Data Protection (CNIL), General Direction for Consumer Competition and the Prevention of Fraud (DGCCRF) and representing them before sanction committees (including preparation for hearings);
- Assisting clients in negotiating and drafting French DPAs (Convention Judiciaire d’Intérêt Public) with the French Parquet National Financier (PNF) (including final evaluation); and
- Assisting clients during a crisis management context (internal and external communication management; preparation of custody hearings).
