AUSTRALIA Law and Practice Contributed by: Tobin Meagher, David Benson, Tessa Trend and William Stefanidis, Clayton Utz
Clayton Utz is a leading independent full-service Australian law firm. Its commercial litigation team has 183 litigators operating across Sydney, Perth, Melbourne, Brisbane, Canberra and Darwin. The firm’s anti-bribery and corruption and investiga - tions specialists advise multinational and Australian companies on corporate fraud, bribery, corruption, facilitation payments, public and private corruption, antitrust, money laundering, and privileges and im - munities. The team is experienced in assessing risk and exposure under domestic and international anti- corruption laws. It assists clients with investigations
and remediation, and advises on managing various collateral issues, including whistle-blower provisions, media management, defamation and reputational is - sues, ASX disclosure rules, directors’ reputations and the risk of shareholder litigation. The team’s experi - ence includes advising on Australian Federal Police investigations into alleged bribery of foreign officials; being retained in relation to US investigations into al - leged breaches of the US Foreign Corrupt Practices Act within Australia, by subsidiaries; and acting for a British multinational whose employees allegedly con - spired to defraud tax authorities.
Authors
Tobin Meagher is a partner at Clayton Utz and specialises in commercial litigation, with particular expertise advising on anti-bribery and corruption and white-collar crime matters, including those involving the
Tessa Trend is a senior associate at Clayton Utz who specialises in anti- bribery and corruption, white-collar crime, sanctions, risk management and general litigation. In particular, she advises clients in relation to their
payment of secret commissions, bribery, conspiracy to defraud and fidelity insurance claims. He has advised clients on risks and responsibilities arising from anti-bribery legislation, acted for clients who are the subject of regulatory investigations, including by the AFP and ASIC, and has written and presented on emerging trends in anti-bribery law.
anti-bribery and corruption obligations, and investigates alleged bribery. She has advised on and conducted various investigations into whistle-blower allegations, including an in-country investigation in central Africa into whistle-blower allegations of fraud and senior employee misconduct, advised a multi- jurisdictional logistics company on allegations of an employee’s systemic fraud, and assisted an Australian resource company on an Australian Federal Police investigation into alleged foreign bribery.
David Benson is a partner at Clayton Utz. David has worked on some of the largest pieces of litigation to be conducted in Australia in the past decade, including acting for Volkswagen, Audi and Škoda in the
William Stefanidis is a senior associ - ate at Clayton Utz practising in litiga - tion and regulatory investigations with a particular focus on white-collar crime. He has acted for various companies, directors and managers in
diesel emissions regulatory and class actions, and acting for Yara International in the Oswal litigation, as well as working on significant cross-border projects involving anti-bribery, corruption and sanctions issues. David also has experience in conducting in-depth investigations in both Australia and foreign jurisdictions.
relation to investigations by the AFP, ASIC and foreign law enforcement agencies concerning suspected foreign bribery, corruption, unlawful conspiracy, insider trading, market manipulation and contraven - tions of companies and financial services law. William acted for liquidators in recovery litigation arising from one of Australia’s largest fraudulent tax avoidance schemes. He also advises on bribery and corruption risks and issues in relation to transactions and corporate management.
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