Regulatory enforcement activity continues to grow on a global basis across all major industries, including within both regulated and unregulated sectors. In turn, corporates find themselves having to deal with an ever increasing number of regulators - and thus investigations - where they are suspected of engaging in wrongdoing. Faced with the prospect of multiple (potentially complex, large scale) investigations, corporates may seek to navigate a route through towards a global resolution.
Indeed, given the difficulties of achieving a global settlement across multiple regulatory regimes, corporates often find themselves reaching settlement with only a sub-set of regulators. They must then continue to manage other ongoing investigations, whilst also dealing with the novel issues which can result from those initial settlements.
This article examines some of the attendant problems and ensuing challenges that a corporate may face in such circumstances.
This article was originally published by Butterworths Journal of International Banking and Financial Law in September 2015.