Promoting Responsible Practices: The Responsible Art Market Initiative
Sandrine Giroud, Justine Ferland 2019American Bar Association Section of International Law (ABA) – Art & Cultural Heritage Law Newsletter, Fall 2019, p. 3-4
Investigations, Regulatory & Compliance
“Stellar investigations lawyers”
Detecting, analysing and addressing corporate criminal and regulatory risks drives our fast-growing investigations, compliance and regulatory practice.
We are strong advocates for having in place best practice risk and compliance management systems to avoid practices which can expose companies to prosecution or regulatory enforcement action. We assist our clients with independent assessments of the maturity of their prevention systems and in the further improvement in line with generally accepted international best practices and standards.
We are familiar with the regulatory framework and can help clients to navigate through increasingly complex regulations.
In case of high risks, such as suspected corrupt practices, money laundering, fraud, cyberattacks, as well as where governmental action has already begun, we act as strategic advisors, project managers and trouble shooters, taking care of everything from conducting the internal investigation, liaising with forensic specialists to initiating and negotiating settlements with prosecutors, tax and/or regulatory authorities. We also act as independent monitors and help companies to effectively remediate historic compliance weaknesses.
Our team, which is composed of Swiss, American, Brazilian and Russian speaking lawyers is truly multi-disciplinary, multi-lingual and cross-cultural and includes former members of the judiciary and Swiss Federal Criminal Police. We believe that this combination allows us to provide a rounded assessment as we understand the challenges faced by all sides.
We have a proven track record in conducting, advising and representing companies, governments and NGOs in internal and external criminal and administrative investigations across the globe.
Our expertise in this area is recognised and we are proud to be considered among the top 100 practices worldwide by Global Investigations Review.
- Representing an African State in relation to investigations and mutual legal assistance proceedings with Swiss authorities concerning half a dozen cases of corruption involving several Ministers and State agents, with investigations carried out throughout Europe and an amount at stake of USD 800 million.
- Representing a multinational in the first case of self-reporting to the Swiss Office of the Attorney General of a corporate failure to prevent bribery of foreign officials.
- Being a member of The Independent Review Panel of Tennis, undertaking an extensive review of the appropriateness and effectiveness of the tennis practice and rules related to combatting match-fixing, with the purpose of elaborating a list of binding recommendations for the sport’s governing bodies.
- Representing the US monitor of a major Swiss bank, advising on data protection, banking secrecy, regulatory and criminal law questions arising under the monitorship.
- Representing a major retailer in its first investigation into alleged corruption in one of its subsidiaries located in Asia, triggered by whistleblowing. The firm set up and coordinated the investigation from A-Z and upon completion, the company carried out significant organisational changes to avoid future incidents as per the firm’s recommendations in its final report.
- Representing a major State-owned Swiss bank, conducting internal investigations with regard to a foreign criminal investigation and to an attempted international fraud.
- Representing a major Swiss bank in its voluntary self-disclosure under the U.S.-Swiss Bank tax compliance program, securing the first non-target letter for a Swiss bank.
- Representing a foreign exchange trader at a major Swiss bank, in a cross-border investigation by the US department of Justice, the British Serious Fraud Office and the Swiss Financial Markets Supervisory Authority regarding alleged abusive market practices.
- Representing a foreign financial intermediary in the Swiss Competition Commission’s LIBOR investigation.
- Advising a Swiss bank in the design, implementation and third party certification of its compliance management system (under ISO Standard 19600)
- Advising leaders in the fragrance, industrial manufacturing, retail and travel industries on the review and further strengthening of their compliance management systems
- Advising one of the major international oil companies regarding Swiss sanctions against Russia
- Conducting an enforcement agency mandated compliance audit at a foreign multinational and establishing a report to the attention of the enforcement agency
- Assisting a Swiss multinational in the design and conduct of a compliance audit in China
- Conducting a three-year review of the effectiveness of the compliance management system at a Swiss multinational, reporting to the Board of Directors.
International Civil Procedure: Switzerland
André Brunschweiler, Sandrine Giroud, Noémie Raetzo, 2019In: Denis Campbell and Christian Campbell (Ed.), International Civil Procedure, 8th Edition., Juris Publishing Inc., 2019
Asset Recovery 2020
Marc Henzelin, Sandrine Giroud, Deborah Hondius, 2019In: William Christopher, Fiona Simpson, Mary Young, Alun Milford and Melinka Berridge (Contributing Eds.), Getting the Deal Through - Asset Recovery 2020, pp. 103-111
Selbstanzeige von Unternehmen in internationalen Wirtschaftsstraffällen (Corporate self-reporting in international white collar crime cases)
Daniel Lucien Bühr, 2018In: schulthess manager handbuch 2018/2019, Schulthess Management, pp. 179-185
Governance und Reputation der Schweiz (Switzerland’s governance and reputation)
Daniel Lucien Bühr, 2018Neue Zürcher Zeitung
Lexology, Risk & Compliance Management 2019; Editor
Daniel Lucien Bühr, 2019Author: Global overview
Author: Do DOJ policy and the ISO compliance standard overlap?
Co-Author: Swiss country chapter
Lexology, Anti-Corruption Regulation 2019
Daniel Lucien Bühr, 2019Author: Independent certification of compliance and anti-bribery management systems
Co-Author: Swiss country chapter
Promoting responsible practices: lessons learnt from the responsible art market initiative
Sandrine Giroud, Justine Ferland, 2019Deloitte and ArtTactic Art & Finance Report 2019, 6th Edition, 2019, pp. 244-245
The Legal Picture
Teresa Giovannini, Werner Jahnel, Sandrine Giroud, 2019Arts and Collections Magazine, Vol. 2, 2019, pp. 70-71
Monitorships in Switzerland
Simone Nadelhofer, Daniel Lucien Bühr, Katja Böttcher, Jonathon E. Boroski, 2019In: The Guide to Monitorships, Global Investigation Review, pp. 117-123
Increased Protection for Financial Investors in Switzerland: Swiss Banks Forced to Release Untaxed Assets
Homberger Ani, 2016International Litigation News, Publication of the International Bar Association Legal Practice Division, April 2016, pp. 35-38
Les faillites internationales d’un point de vue suisse
Homberger Ani, 2016La lettre du Conseil, Ordre des Avocats de Genève, N° 62 -March 2016, pp. 34-41
Swiss chapters on Resolving Insolvency and Obtaining Credit
Homberger Ani, 2014World Bank Doing Business 2015 Report, 12th Edition, October 2014
La responsabilité solidaire de l'entreprise et du dirigeant d'entreprise en droit des cartels et de la concurrence déloyale
Marc Henzelin, 2002In: Berthoud (Ed.), La responsabilité pénale pour le fait d'autrui, CEDIDAC, Lausanne, 2002, pp. 173-206
Les raisons de savoir du supérieur hiérarchique qu'un crime va être commis ou a été commis par un subordonné
Marc Henzelin, 2004In: Tavernier (Ed.), Actualité de la jurisprudence pénale internationale à l'heure de la mise en place de la Cour pénale internationale, Bruylant, Brussels, 2004, pp. 81-126
05 Nov 2018
LALIVE’s Investigations practice ranked among top 100 worldwide for fourth consecutive year
17 Sep 2018
Press coverage: Katja Böttcher on the supervision and regulation of insider trading in Switzerland
04 Sep 2018
LALIVE opens in London
27 Apr 2018
Marc Henzelin plays key role in Tennis Anti-corruption Report
01 Feb 2018
Marc Henzelin and Sonja Maeder Morvant earn recognition as Thought Leaders in Investigations
09 Jan 2018
LALIVE’s Investigations practice again ranked among top 100 worldwide
29 Apr 2016
Marc Henzelin appointed to the Independent Review Panel of the Tennis Integrity Unit
05 Feb 2016
Marc Henzelin appointed to the IBA Anti-Corruption Committee
16 Oct 2014
Press coverage: Daniel Bühr interviewed on Compliance Management
07 May 2014
Press coverage: Marc Henzelin interview: European investigations, Swiss banks and unusual clients
28 May 2013
LALIVE organises a seminar on white collar crime and compliance in Zurich (28 May 2013)
Others are quick to praise the team's dedication and attention to detail: "They do their homework and are always clear in their analysis."
Chambers Europe, Switzerland, White Collar Crime, 2019
Clients applaud the firm's extensive capabilities: "They know how to work with multinationals, can handle matters that have international implications, are responsive and reactive, and have local law expertise."
Chambers Europe, Switzerland, White Collar Crime, 2019
Acclaimed team with impressive white-collar crime expertise, particularly in the area of cross-border fraud investigations and whistle-blowing cases. Additional areas of expertise include multi-jurisdictional corruption, bribery and embezzlement cases, as well as money laundering allegations. Internal investigations and corporate compliance are further areas of experience. Represents states, as well as high net worth individuals and companies. Often acts on cases emanating from Eastern Europe.
Chambers Europe, Switzerland, White Collar Crime, 2019
“One of Switzerland’s leading investigations firms”
Global Investigations Review GIR 100, 2018
“Lalive’s [recent work] further cements the Swiss firm’s reputation as one of the country’s leading firms for investigations and white-collar crime work”
Global Investigations Review GIR 100, 2017
"Lalive has some stellar investigations lawyers”
Global Investigations Review GIR 100, 2015
Lalive's Marc Henzelin is "first rate" on transnational litigation including asset recovery matters. He is "thorough" and "personable" according to peers. He is joined by Alexander Troller, an "efficient" and "smart" lawyer.
Who's Who Legal, Switzerland, Asset Recovery, 2015
Acclaimed team with impressive white-collar crime expertise, particularly in the area of cross-border investigations and whistle-blowing cases. Areas of particular expertise include multi-jurisdictional fraud and corruption cases, asset recovery and corporate compliance. Has experience representing states, high net worth individuals and companies active in the banking, business consultancy, transport and sports sectors. One impressed source enthuses that the team possesses "talented lawyers who represent clients and their profession in superb fashion," while also noting that "they are excellent in dealing with the international components of negotiations and representation." One client highlights the ability of the team to "focus on the main important topics," and praises its lawyers for being able to "handle complex and sensitive investigation matters."
Chambers Europe, White Collar Crime, 2018
Marc Henzelin at Lalive in Geneva is regarded as "one of the leading experts in Europe". He counsels clients in asset search, recovery and compliance issues, "it is tough to think of anyone better".
Who's Who Legal, Switzerland, 2015
“It is one of the best firms in Switzerland, and our relationship is very smooth, clear and transparent. The lawyers are always available and respond within the hour.” “I have the highest impression of the firm. The lawyers do terrific work, are very thorough, efficient, direct and to the point.”
Chambers Europe, Switzerland, White Collar Crime, 2016
Stellar practice, based in Geneva and Zürich, advising governments, corporations and individuals. Has extensive experience of governmental investigations, mutual judicial assistance proceedings and extraditions. Also well versed in handling asset tracings and corporate compliance. Adept at handling matters with an international element."
"The lawyers have an impressive level of academic skill. They are timely and produce materials promptly."
Chambers Europe, Switzerland, White Collar Crime, 2015
"This firm has years of experience representing clients in really complicated cases."
"The team is very experienced, clear, available, and realistic. The lawyers inspire confidence."
Chambers Europe, Switzerland, White Collar Crime, 2014
Lalive has an impressive list of clients that it advises on white-collar crime and compliance matters. (...) The team is also adept at the search and recovery of assets and is developing its investigatory capacity.
Chambers Europe, Switzerland: Dispute Resolution, White Collar Crime, 2013
"Two 'excellent' names from Lalive feature in this chapter. The 'superb' Marc Henzelin receives recognition for his 'professional manner' and 'depth of expertise'. He is joined by Alexander Troller, a 'true expert'."
Who's Who Legal, Switzerland, Asset Recovery, 2013