Ensure good governance and long-term ethics, integrity, and compliance
We help multinational organizations adopt a consistent state-of-the-art global approach to governance, risk management and compliance and establish robust internal structures, processes, systems and controls to help detect and prevent future misconduct and effect lasting all-inclusive mindset and cultural change.
What we do
We help organizations and their leaders manage change in ethics and integrity and address cultural deficiencies. Our services include a holistic review of company culture, corporate governance, risk management and compliance strategies, recommendations for improvements, and validation of their implementation. We can do this either through direct appointment by the organization’s board or in the role of a regulator-appointed Independent Compliance Monitor or Independent Compliance Consultant. In addition, we advise on complex competition issues in Germany and the EU.
Strategic Executive GRC and Competition Advisory
Under the leadership of Dr. Donatus Kaufmann, our hand-selected multidisciplinary team can help multinational corporations and family businesses with an international footprint that face complex global risks, compliance, organizational or governance challenges, or are in cultural crisis:
- Be proactive in assessing their corporate governance, compliance programs, and risk controls, as well as their cultural integrity and approach
- Establish a bespoke risk map of the corporation and an adequate risk management system
- Detect and remedy current misconduct and prevent similar misconduct in the future
- Prevent being the subject of (further) government action.
Our multidisciplinary team has global reach and combines management consultancy with legal, competition and compliance advice. We think and act strategically in everything we do, focusing on what’s possible, practical and able to secure appropriate results.
We provide strategic advice on, assess risk, and help organizations make necessary changes in relation to:
- Ethics, integrity, and cultural change
- Corporate governance
- Preventive risk management
- Internal audit
- Crisis management
- Competition issues
Our clients depend on us to maintain independence while acting as their trusted advisor and strategic sparring partner. In both a visible role and a private, safe space, we challenge their thinking and help them benefit from an outside perspective.
Independent Compliance Monitor
As regulations and standards become more complex and their enforcement tightens worldwide, Independent Compliance Monitorships are an effective way for enforcement agencies in the US and the UK to supervise, guide and support corporations to improve their risk management, internal control, compliance and governance approach after a major compliance misconduct and encourage a more ethical culture that fosters and promotes compliance.
Dr. Donatus Kaufmann can act as an independent, corporation-selected or enforcement agency-appointed Monitor when a company has reached a deferred prosecution agreement (DPA) or a non-prosecution agreement (NPA) with, for example, the Department of Justice or the Securities and Exchange Commission in the US or with other competent US or UK governmental agencies or responsible authorities.
With the support of our wider expert team, Dr. Kaufmann can take on complex international Monitorship mandates. We have well-established and proven collaborative experience with:
- Tier-one strategic advisory firms with a global footprint, extensive compliance expertise, and a strong track record in executing Monitorships (as well as IT and project management expertise) and;
- International tier-one law firms with the skills, experience, and track record necessary to guide and advise on specific legal aspects of Monitorships and liability prevention.
Our approach to every mandate is based on independence, discretion, and good judgment grown from practical experience. We understand that any response must be effective, proportionate, practicable and efficient. Before a Monitorship can end, an organization needs to demonstrate the existence of a robust compliance program rooted in an ethics and integrity culture, and its ongoing effectiveness.
Independent Compliance Consultant
Dr. Donatus Kaufmann can also act as a client-appointed Independent Compliance Consultant, for example, under US law, when an organization takes a proactive approach to address misconduct—in the context of regulator-addressed compliance misconduct—and prevent it from happening in the future.
Interim Chief Compliance Officer
In the absence of a Chief Compliance Officer, Dr. Donatus Kaufmann can take on interim Chief Compliance Officer mandates until a permanent successor has been recruited.
International Commercial Arbitration
International Commercial Arbitration is the preferred option for companies that are caught up in a $multi-million or even $multi-billion dispute and want to:
- Choose their expert Independent Arbitrator or Arbitration Tribunal, who are both competent and experienced in law and business.
- Resolve their dispute more quickly than if they were to go to court, with very limited avenues for appeal on the arbitral award.
- Maintain confidentiality and protect their reputation.
- Enforce arbitration awards across jurisdictions.
Dr. Donatus Kaufmann is a senior lawyer with extensive experience in international commercial arbitration.
He's got the goods. A company with the heft of the world's third-largest retailer needs a heavy-weight lawyer, and METRO AG has found one in Donatus Kaufmann, the new legal head of Düsseldorf-based company.
Source: Corporate Counsel April 2011