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Many consider the last recession to have been caused by unregulated banking. The result is that governments around the world are now introducing more and more regulatory controls for all types of businesses. Competition, price fixing, cartels, bribery, anti-money-laundering and corruption are among a number of areas being targeted.

For General Counsel and the in-house legal team, this means a need to get to grips with new laws, disciplined ways of working and the creation of a culture of risk awareness and compliance in your organization. This is no simple task, particularly for multinational companies that have to deal with different legal regimes around the world.

The stakes are high, with tough punishments now being handed out to organizations and individuals. However, with the help of Eversheds Sutherland Consulting, the complexity can be reduced, the risks to your business minimized and we can work with you to provide innovative solutions.

Meeting the challenge

Eversheds Sutherland Consulting provides you with practical advice and support in establishing and monitoring internal compliance programs. We focus on developing systems thatdeliver compliance and long-term improvements to your organizational performance. We can create a compliance program on a local, national or global scale that will greatly reduce the chance of your company facing prosecutions under regulatory regimes.

A thorough, initial investigation identifies key preliminary issues that then form the basis of a more comprehensive report, which offers a full analysis of compliance risks and suggests strategies for resolution.

We then work with you to implement the compliance program. This includes the creation of key performance indicators as a form of measurement and a way to set the future compliance agenda. To manage the conduct of the internal and external review processes, our team will provide you with a detailed project plan, with a set timetable for management and a full costs estimate.


Operating in a global company is often challenging and resource-dependent. When entities span multiple international jurisdictions, ensuring global compliance can prove difficult, if not impossible. For the in-house lawyer, providing oversight of the company’s exposure to legal risk and predicting potential problems is key to the risk and audit management process.

Meeting the challenge

In a changing business environment, where companies span the globe and the focus on compliance is increasing, Eversheds Sutherland Consulting can help you manage and monitor your business exposures. We can provide you with practical advice and support where it is needed most. We focus on offering solutions tailored to your specific needs and strategic objectives and on ensuring that the risks to your business are reviewed, monitored and rectified.

Our extensive international experience places us in the ideal position to support your review of international regulatory record requirements. An initial benchmark review of your existing licensing and compliance situation will help us to form the basis of a more comprehensive report that offers a full analysis of potential regulatory requirements and risks, outlining some strategies for facilitating change.

We then work with you to help you to understand where adherence to regulatory requirements has fallen short and to create recommendations and an action plan to remedy the situation. Combining the skills of management consultants, lawyers, audit professionals, risk specialists and project managers means that our offering can cover all areas, from reviewing the legal provision in each jurisdiction and overseeing improvements to the current position to on-the-ground implementation review projects.

We will help you manage your risks and audit process with jurisdictional risk assessments, risk triggers and a format to set out a future agenda for annual renewal and monitoring. To optimize the process, our consultancy will provide you with a detailed project plan including key deliverables, a full costs estimate and regular project update calls.

Records management

Records retention is an increasingly important area for multinational organizations. US electronic discovery rules may require the production of a vast number of documents, even if they originated outside of the US. The expectation is that companies will be able to access their records satisfactorily, sometimes within a short period of time.

Records include evidence of business transactions or dealings, support for the decision-making process and documentation of an organization’s activities, finances and history. They also include electronic documents. It is essential that businesses understand how long they need to retain their records for and that they have practical systems for their storage. After all, this is an area that if not carefully managed can easily spiral out of control.

Meeting the challenge

Eversheds Sutherland Consulting can ensure that your records management is of the highest quality and that your business is fully prepared for any future investigations. The starting point for most of our work is the creation of a records retention schedule. This sets out the length of time that business need to retain records to meet operational needs and comply with legal and other requirements.

We have developed an international database of legislation relating to records retention periods, which allows us to achieve this for you quickly and efficiently. We are also experienced in process redesign perspective and can examine the international processes that are currently being used by your business units and how their records retention policy is being implemented. With our help, you can reduce time and cost while improving accuracy.

Mortgage Market Review

The Mortgage Market Review proposed by the Financial Services Authority and the EU Mortgage Credit Directive will inevitably change the way all mortgage lender and broker businesses operate. The increased focus on income verification and affordability assessment will require enhanced lender systems that guard against possible borrower fraud.

For the in-house lawyer, this means shifting from providing guidance on a set of policies and rules, to advising on designing and implementing the policies and their associated risks within business units. For the business units, this may mean higher costs through increasing headcount to manage the additional advice and selling requirements.

Understanding the new regulatory changes, the increased exposure to risk, the staff and business process requirements, as well as ensuring business as usual for broker relationships and consumers will provide a stiff challenge to lenders. In this changing environment, Eversheds Sutherland Consulting can help you achieve your business aims, manage your risk profile and add value to in-house counsel.

Outcomes-focused regulations

The ramifications of the worst global recession for decades will inevitably change the way businesses operate. Exceptional levels of new and demanding legislative regulation require in-house legal teams to keep abreast of new legal risks. An increasing problem, however, is that the focus of regulation is changing from the implications of the new Bribery Act to outcomes-focused FSA regulation. For the in-house lawyer, this means shifting focus from providing guidance on a set of policies and rules to advising on designing and implementing the policies and their associated risks. In addition, improved and targeted risk-management processes will be required. The strategic prominence of outcomes-focused regulation on in-house counsel will be far reaching. Fortunately, Eversheds Sutherland Consulting can help you achieve your business aims and grow the profile of your in-house counsel.

Contact our Risk and Compliance consultants

If you would like any further information or need advice on risk and compliance consultancy, please contact our legal team.