From the initial stages of regulatory investigations to enforcement proceedings and third party actions for damages, clients come to our nationally integrated team for our breadth of experience, relationships with regulators, innovative use of court processes and track-record of success.
Regulatory investigations, prosecutions and third party actions for damages - including class actions - have become an established part of the corporate landscape. In recent years the threat of commercial, reputational and legal risks has multiplied as we have witnessed increased regulatory scrutiny, a convergence of global enforcement and the criminalisation of conduct which previously had civil consequences. There has been a significant rise in class action claims as specialist plaintiff law firms work closely with litigation funders and international networks of plaintiff counsel, whilst pursuing aggressive media strategies.
King & Wood Mallesons has been in involved in many of Australia’s largest and most complex regulatory investigations, including alleged cartel conduct, breaches of securities law and failure to satisfy continuous disclosure obligations. Utilising our international reach and relationships with firms throughout Asia, Europe and the United States, we are able to coordinate global responses whilst ensuring our clients have a trusted and readily available point of contact.
The growth of share market investment coupled with the rise of litigation funding and a sophisticated plaintiff approach to class actions has seen a significant rise in claims within financial services, securities, and competition law. From a $300m shareholder class action within the construction industry to alleged price fixing cartels within aviation, clients call upon our robust resources, innovative approaches to litigation and technical expertise to efficiently bring class actions to finality on terms acceptable to them. In a landmark ruling for all class actions, we established that litigation funding arrangements are “managed investment schemes” and thus subject to regulation under the Corporations Act.
Built on mutual respect and trust, our long standing relationship with regulators enables us to deliver efficient and optimal outcomes. Clients also benefit from our involvement in key industry organisations such as the Law Council of Australia, the International Bar Association and the American Bar Association. This industry exposure and extensive involvement in submissions, ensures that we are at the coalface of the law and that we can provide clients with a voice to help shape regulatory developments.