Matheson


Practice Areas

Regulatory and Investigations

Regulatory and Investigations

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Expertise

"It is an exceptionally solution-oriented team that is fantastic at cutting through all the mess and getting to the bottom line."
Chambers Europe

Our Regulatory and Investigations Group brings together technical experts, highly skilled litigators, strategic leadership and the innovative solutions necessary to advise clients faced with significant corporate and reputational issues.  We use this expertise to safeguard our clients’ business interests. 

We provide legal and strategic advice to clients across a wide range of regulated sectors.  Our Regulatory and Investigations Group assist clients in all aspects of managing contentious regulatory matters and guide our clients on how best to interact with their regulators with the ultimate aim of helping our clients achieve a positive outcome.

Corruption, fraud and regulatory breaches such as money laundering are important issues for our clients across all markets and sectors.  The evolving regulatory environment has resulted in increased challenges across a number of sectors in terms of compliance, not only in relation to financial services firms but other internationally focused organisations including those in the Fintech industry. 

We represent regulated financial services entities in their dealings with the Central Bank of Ireland, including with the administrative sanctions process, fitness and probity requirements and corporate governance. Our regulated financial services clients need access to expertise in all aspects of regulatory governance to help them identify and understand regulatory requirements and the impact of those requirements on their businesses - our team has that expertise. 

Our clients include professional bodies, government agencies and international organisations.  We have close working relationships with leading law firms in overseas jurisdictions, experts in forensic investigations and other relevant disciplines which enables us to provide a seamless service and top class advice.

We have substantial experience in providing strategic advice in relation to crisis management.  We assist clients in preventing issues escalating, with the aim of avoiding reputational damage and ensuring these issues do not arise in the future.  We have significant experience in managing large scale projects, complex litigation, discovery and data management projects. 

SMART Data Team

The Regulatory and Investigations Team work closely with Matheson’s SMART Data Team to ensure effective and efficient execution of those elements which require data management and review.  Our SMART Data Team provides an end to end service from processing of data, early case analysis, discovery and investigation review, through to document production, preparation of booklets and provision of technology at trial / investigation hearing. The team has developed streamlined policies, protocols and procedures to ensure efficient procedures while maintaining best practice and robust defensibility. Matheson was the first Irish law firm to provide this in-house legal forensic and technology service and therefore, we have unparalleled experience and expertise in this area. We are the only Irish law firm to have the capability to host and review large volumes of data in-house. This has obvious benefits and advantages in managing and executing large volume data management projects and investigations of any nature from both security and costs perspectives.

Experience Highlights

Banking and Financial Services Disputes

The Group advises a number of major financial institutions in the State.  The advice includes disputes with customers arising out of the banking relationship, including matters relating to the Central Bank of Ireland, the Financial Ombudsman, compliance with various disclosure obligations and advice on the duty of confidentiality.  We have worked with clients on internal investigations and advise on mandatory reporting obligations as they affect financial institutions.

Recent experience includes:

Acting for one of the largest international banks in defending multi-million dollar claims made in multiple fund and related investor Commercial Court proceedings arising out of the fraud of Bernard L Madoff Investment Securities

We acted for Playtech PLC before the Irish Financial Services Appeals Tribunal in successfully challenging the Central Bank of Ireland’s for their decision to oppose an acquisition

Advising Breccia (part of the Parma group) in Commercial Court and Court of Appeal proceedings arising from Breccia’s acquisition of debt secured on the Blackrock Clinic, a well-known private hospital in Dublin, in a recent noteworthy win in the Court of Appeal, which overturned a High Court decision.  The High Court ruling itself was a departure from established principles of Irish contract law which could have had significant consequences for all long-term commercial contractual relationships, had we not won the appeal

Ongoing advice to financial institutions on various compliance issues, in particular conducting internal investigations, and complying with regulatory and reporting obligations

Acting for an investment holding company in connection with Commercial Court proceedings arising from a shareholder dispute, including in relation to an appeal to the Court of Appeal

We recently acted for a domestic financial institution on a significant administrative sanction matter and its subsequent settlement with the Central Bank of Ireland

Acting for an entity regulated under the Central Bank Act in relation to a large scale remediation project and advising in relation to Central Bank investigation and enforcement action thereafter

Advising a global payment technology solutions company in connection with a dispute arising from a joint venture arrangement with a financial institution

Advising financial institutions in connection with commercial court cases, mediations and settlements involving defaulting borrowers and guarantee claims as well as professional negligence claims

Corporate Offences, Fraud, White Collar Crime

We have been involved in the most significant regulatory investigations in Ireland in which we have advised on civil, criminal and regulatory implications of possible breaches of company, tax and banking laws.  We advise on all aspects of corporate defence strategies including proactive and pre-emptive measures such as self-disclosure and remedial measures.

Recent experience includes:

Advising a financial services client in relation to a large scale allegation of fraud across a number of jurisdictions

Advising in relation to an ODCE investigation into irregularities and offences of a company

Tribunals, Investigations and Inquiries

We deal with all aspects of the tribunal and investigatory sphere, including tribunals of inquiry, statutory inquiries, investigations under the Companies Acts, investigations by Ireland’s corporate enforcer (the Director of Corporate Enforcement), Revenue investigations and Banking and Financial Regulatory investigations.  We also assist clients on all aspects of internal investigations and inquiries, often conducted following allegations of fraud or whistle-blowing, including issues of document disclosure and privilege.  We work with overseas law firms in advising on Irish aspects of multi-jurisdictional inquiries, including SEC inquiries.

Recent experience includes:

Advising on the first statutory investigation into a broadcaster, acting for RTÉ in connection with an investigation by the Broadcasting Authority of Ireland arising from the Prime Time Investigation Programme “Mission to Prey”

Advising the Special Liquidator of Irish Banking Resolution Corporation (“IBRC”) (In special liquidation) in the Commission of Investigation under the Commission of Investigation Act 2004 into a number of IBRC transactions which involved the write off of debts due to IBRC. Our advices to our client on his position ultimately led to the enactment of additional legislation which gives the Commission more power to compel documents and to override legal privilege in certain cases.

Advising a Turkish owned construction company, GAMA, who obtained an order quashing the report of a government department investigation and withdrawing it from other statutory agencies including the Director of Public Prosecutions, and also advised on related cross-border inquiries

Public and Administrative Law

We advise on a wide range of public and administrative law issues including advising on the powers, rights, obligations and procedures relating to various public bodies and bodies regulating professionals. This includes judicial review proceedings which often arise out of investigations and inquiries, injunctions, fair procedures, the application of ethics legislation, Freedom of Information legislation, Data Protection and privacy issues, the impact of the Human Rights Act and advice on various appeals procedures.

Recent experience includes:

Advising RTÉ in relation to a Freedom of Information (FOI) request.  The request required an extensive search of RTÉ records. Supported by our in house SMART Data Team, we worked conducted a search and analyses data and records ensuring that RTÉ only released data which was properly disclosable under FOI legislation.

Advisors to public bodies such as the Office of the Commission for Public Service Appointments and the Office of the Comptroller and Auditor General

Accolades

Karen Reynolds, the co-head of the our Regulatory and Investigations Group was the Client Choice Award Winner for Litigation in Ireland
International Law Office Client Choice Award 2018

"The firm is particularly good at dealing with complex cases where there is a large volume of material and the case has spanned a number of years."
Dispute Resolution: Chambers Europe 2018

Clients commend Matheson’s "commercial approach and ability to translate legal advice and opinion into practical workable solutions.”
Dispute Resolution: Chambers Europe 2017

"Matheson has provided a truly excellent service, working to the highest degree of competence."
Commercial Litigation: Chambers Europe 2016

"I would certainly use these lawyers for my more high-profile cases, because they are very thorough - they drill into all the details and really get stuck into things."
Chambers Europe 2015

Matheson is "quick to understand the relevant industry issues".
European Legal 500 2015

Matheson "stands out amongst other law firms".
European Legal 500 2014

This team is widely recognised for its expertise in regulatory and enforcement mandates.
Chambers Europe 2013

"We see a lot of firms across the table and we always feel we have the best team. Its input is invaluable."
Chambers Europe 2013

"It is an exceptionally solution-oriented team."
Chambers Europe 2012

"It is an exceptionally solution-oriented team that is fantastic at cutting through all the mess and getting to the bottom line."
Chambers Europe

Our Regulatory and Investigations Group brings together technical experts, highly skilled litigators, strategic leadership and the innovative solutions necessary to advise clients faced with significant corporate and reputational issues.  We use this expertise to safeguard our clients’ business interests. 

We provide legal and strategic advice to clients across a wide range of regulated sectors.  Our Regulatory and Investigations Group assist clients in all aspects of managing contentious regulatory matters and guide our clients on how best to interact with their regulators with the ultimate aim of helping our clients achieve a positive outcome.

Corruption, fraud and regulatory breaches such as money laundering are important issues for our clients across all markets and sectors.  The evolving regulatory environment has resulted in increased challenges across a number of sectors in terms of compliance, not only in relation to financial services firms but other internationally focused organisations including those in the Fintech industry. 

We represent regulated financial services entities in their dealings with the Central Bank of Ireland, including with the administrative sanctions process, fitness and probity requirements and corporate governance. Our regulated financial services clients need access to expertise in all aspects of regulatory governance to help them identify and understand regulatory requirements and the impact of those requirements on their businesses - our team has that expertise. 

Our clients include professional bodies, government agencies and international organisations.  We have close working relationships with leading law firms in overseas jurisdictions, experts in forensic investigations and other relevant disciplines which enables us to provide a seamless service and top class advice.

We have substantial experience in providing strategic advice in relation to crisis management.  We assist clients in preventing issues escalating, with the aim of avoiding reputational damage and ensuring these issues do not arise in the future.  We have significant experience in managing large scale projects, complex litigation, discovery and data management projects. 

SMART Data Team

The Regulatory and Investigations Team work closely with Matheson’s SMART Data Team to ensure effective and efficient execution of those elements which require data management and review.  Our SMART Data Team provides an end to end service from processing of data, early case analysis, discovery and investigation review, through to document production, preparation of booklets and provision of technology at trial / investigation hearing. The team has developed streamlined policies, protocols and procedures to ensure efficient procedures while maintaining best practice and robust defensibility. Matheson was the first Irish law firm to provide this in-house legal forensic and technology service and therefore, we have unparalleled experience and expertise in this area. We are the only Irish law firm to have the capability to host and review large volumes of data in-house. This has obvious benefits and advantages in managing and executing large volume data management projects and investigations of any nature from both security and costs perspectives.


Banking and Financial Services Disputes

The Group advises a number of major financial institutions in the State.  The advice includes disputes with customers arising out of the banking relationship, including matters relating to the Central Bank of Ireland, the Financial Ombudsman, compliance with various disclosure obligations and advice on the duty of confidentiality.  We have worked with clients on internal investigations and advise on mandatory reporting obligations as they affect financial institutions.

Recent experience includes:

Acting for one of the largest international banks in defending multi-million dollar claims made in multiple fund and related investor Commercial Court proceedings arising out of the fraud of Bernard L Madoff Investment Securities

We acted for Playtech PLC before the Irish Financial Services Appeals Tribunal in successfully challenging the Central Bank of Ireland’s for their decision to oppose an acquisition

Advising Breccia (part of the Parma group) in Commercial Court and Court of Appeal proceedings arising from Breccia’s acquisition of debt secured on the Blackrock Clinic, a well-known private hospital in Dublin, in a recent noteworthy win in the Court of Appeal, which overturned a High Court decision.  The High Court ruling itself was a departure from established principles of Irish contract law which could have had significant consequences for all long-term commercial contractual relationships, had we not won the appeal

Ongoing advice to financial institutions on various compliance issues, in particular conducting internal investigations, and complying with regulatory and reporting obligations

Acting for an investment holding company in connection with Commercial Court proceedings arising from a shareholder dispute, including in relation to an appeal to the Court of Appeal

We recently acted for a domestic financial institution on a significant administrative sanction matter and its subsequent settlement with the Central Bank of Ireland

Acting for an entity regulated under the Central Bank Act in relation to a large scale remediation project and advising in relation to Central Bank investigation and enforcement action thereafter

Advising a global payment technology solutions company in connection with a dispute arising from a joint venture arrangement with a financial institution

Advising financial institutions in connection with commercial court cases, mediations and settlements involving defaulting borrowers and guarantee claims as well as professional negligence claims

Corporate Offences, Fraud, White Collar Crime

We have been involved in the most significant regulatory investigations in Ireland in which we have advised on civil, criminal and regulatory implications of possible breaches of company, tax and banking laws.  We advise on all aspects of corporate defence strategies including proactive and pre-emptive measures such as self-disclosure and remedial measures.

Recent experience includes:

Advising a financial services client in relation to a large scale allegation of fraud across a number of jurisdictions

Advising in relation to an ODCE investigation into irregularities and offences of a company

Tribunals, Investigations and Inquiries

We deal with all aspects of the tribunal and investigatory sphere, including tribunals of inquiry, statutory inquiries, investigations under the Companies Acts, investigations by Ireland’s corporate enforcer (the Director of Corporate Enforcement), Revenue investigations and Banking and Financial Regulatory investigations.  We also assist clients on all aspects of internal investigations and inquiries, often conducted following allegations of fraud or whistle-blowing, including issues of document disclosure and privilege.  We work with overseas law firms in advising on Irish aspects of multi-jurisdictional inquiries, including SEC inquiries.

Recent experience includes:

Advising on the first statutory investigation into a broadcaster, acting for RTÉ in connection with an investigation by the Broadcasting Authority of Ireland arising from the Prime Time Investigation Programme “Mission to Prey”

Advising the Special Liquidator of Irish Banking Resolution Corporation (“IBRC”) (In special liquidation) in the Commission of Investigation under the Commission of Investigation Act 2004 into a number of IBRC transactions which involved the write off of debts due to IBRC. Our advices to our client on his position ultimately led to the enactment of additional legislation which gives the Commission more power to compel documents and to override legal privilege in certain cases.

Advising a Turkish owned construction company, GAMA, who obtained an order quashing the report of a government department investigation and withdrawing it from other statutory agencies including the Director of Public Prosecutions, and also advised on related cross-border inquiries

Public and Administrative Law

We advise on a wide range of public and administrative law issues including advising on the powers, rights, obligations and procedures relating to various public bodies and bodies regulating professionals. This includes judicial review proceedings which often arise out of investigations and inquiries, injunctions, fair procedures, the application of ethics legislation, Freedom of Information legislation, Data Protection and privacy issues, the impact of the Human Rights Act and advice on various appeals procedures.

Recent experience includes:

Advising RTÉ in relation to a Freedom of Information (FOI) request.  The request required an extensive search of RTÉ records. Supported by our in house SMART Data Team, we worked conducted a search and analyses data and records ensuring that RTÉ only released data which was properly disclosable under FOI legislation.

Advisors to public bodies such as the Office of the Commission for Public Service Appointments and the Office of the Comptroller and Auditor General

Karen Reynolds, the co-head of the our Regulatory and Investigations Group was the Client Choice Award Winner for Litigation in Ireland
International Law Office Client Choice Award 2018

"The firm is particularly good at dealing with complex cases where there is a large volume of material and the case has spanned a number of years."
Dispute Resolution: Chambers Europe 2018

Clients commend Matheson’s "commercial approach and ability to translate legal advice and opinion into practical workable solutions.”
Dispute Resolution: Chambers Europe 2017

"Matheson has provided a truly excellent service, working to the highest degree of competence."
Commercial Litigation: Chambers Europe 2016

"I would certainly use these lawyers for my more high-profile cases, because they are very thorough - they drill into all the details and really get stuck into things."
Chambers Europe 2015

Matheson is "quick to understand the relevant industry issues".
European Legal 500 2015

Matheson "stands out amongst other law firms".
European Legal 500 2014

This team is widely recognised for its expertise in regulatory and enforcement mandates.
Chambers Europe 2013

"We see a lot of firms across the table and we always feel we have the best team. Its input is invaluable."
Chambers Europe 2013

"It is an exceptionally solution-oriented team."
Chambers Europe 2012



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