Heightened scrutiny of corporate practices, and the increasing scope of government investigations and prosecutions are raising the importance of corporate compliance and risk management functions. McMillan’s White Collar Defence and Government Investigations group provides comprehensive support for clients seeking to prevent or responding to such investigations and prosecutions.
- Representing corporations, other organizations and executives at all stages of criminal, quasi-criminal and regulatory investigations and prosecutions for all types of white collar offences including fraud, bribery and corruption, money laundering, cartels and price-fixing, insider-trading or other securities offences, economic sanctions, export/import controls and tax offences, as well as offences under health and safety, discrimination, immigration, financial services, energy, environmental and other regulatory regimes
- Managing and defending against search warrants, inspection orders, interviews given under statutory compulsion, wiretapping orders, and other investigative actions
- Conducting proactive internal investigations and audits into potential criminal and regulatory contraventions under the protection of solicitor-client privilege
- Providing advice on risk management and regulatory compliance, including internal compliance systems, training, whistle-blowing, ethics and media response-readiness programs
- Conducting due diligence and advising on strategies to deal with foreign agents, intermediaries or other parties to commercial or M&A transactions
- Providing advice on reputation management and defamation
- Developing and executing government relations and communications strategies
Our team collectively has decades of investigation, enforcement, prosecution and defence experience. They include:
- Former regulators and prosecutors, including a former General Counsel of the Public Prosecution Service of Canada who prosecuted Royal Canadian Mounted Police and cartels, and a former Chair of Ontario’s Market Surveillance Panel
- Litigators with experience in criminal, civil, administrative tribunal and appellate proceedings across Canada
- Specialists in anti-corruption, export controls, sanctions, anti-money laundering, cartels, securities, financial services, environmental, health and safety, discrimination and other regulatory regimes
- Former senior government officials including cabinet ministers and deputy ministers with responsibilities for International Trade, Public Security, Labour, Treasury Board, Finance, and Environmental matters
- Forensic specialists, including the current President of the Association of Certified Forensic Investigators of Canada
McMillan’s White Collar Investigations and Defence lawyers have been recognized in Chambers Canada and the Global Investigation Review’s Canadian survey. Where cross-border issues arise, we have working relationships with expert firms around the world to obtain the international assistance that our clients require.
To augment our legal services for clients facing urgent situations, McMillan has developed a full suite of Crisis Response Services:
- Search Response Services — immediate, on-site responses to real-time investigative actions such as searches and seizures by police, the CBSA, the Competition Bureau or other authorities, as well as inspections by environmental, energy, employment and other authorities
- Data Breach Crisis Service – rapid responses to cyber-security attacks and data breaches including dealings with regulatory agencies and other stakeholders
- Product Recall and Regulatory Compliance Services – dealing with urgent product recall issues including regulatory requirements and other potential legal exposures
- Document Preservation Service – avoiding the unintentional destruction or alteration of critical records at the onset of an investigation or litigation
- Fraud and Emergency Orders Service – isolating, assessing and alleviating acts of fraud, and initiating court applications to freeze assets (Mareva injunctions), protecting evidence (Anton Piller orders) and obtaining relevant third party documents (Norwich orders).
- Crisis Communications Service – assisting companies with government, media and other external communications during government investigations and legal or regulatory proceedings