What We Do

“MOP has real clout in the Irish legal market, and if you have a tough case it has the resources to assist you”
Chambers Global 2010

Our Regulatory and Investigations Group advises on all aspects of complex commercial litigation and disputes, including international disputes. The Group is part of Matheson Ormsby Prentice’s Commercial Litigation and Dispute Resolution Department. 

The inter-related areas in which the Group specialises include:

• Public and Administrative Law
• Tribunals, Investigations and Inquiries 
• Banking and Financial Services Disputes 
• Corporate Offences, Fraud, White Collar Crime 
• Document Disclosure and Mutual Legal Assistance
  

Our team of specialist lawyers provides legal and strategic advice to clients faced with significant corporate and reputational issues, in a concise, timely and individual fashion.  Where appropriate, we work in multidisciplinary teams with lawyers from other specialist groups within Matheson Ormsby Prentice such as Banking and Financial Services, Tax, Employment Pensions and Benefits, EC Competition and Regulatory, Information Technology, amongst others. Similarly, we have developed 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.

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:

• Acting for global distribution company, Hagemeyer plc, in its successful test case on tax treatment for the factoring industry
• Advisors to public bodies such as the Office of the Commission for Public Service Appointments and the Office of the Comptroller and Auditor General
  

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 the Irish Houses of Parliament on the inquiry by a Parliamentary Committee into the potential impeachment of a Circuit Court Judge (Judge Curtin) 
• 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
  

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 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:

• Ongoing advice to financial institutions including ACC Bank plc, Anglo Irish Bank plc, Barclays Bank, National Irish Bank, Fexco, IIB Bank plc and WestLB
• Currently advising ACC Bank plc on Commercial Court litigation before the High Court 
• Advised Credit Suisse on Commercial Court case taken by Fresh Mortgages
  

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 National Irish Bank on all aspects of the largest corporate investigation in Irish legal history. This included the investigation by the High Court, the Director of Corporate Enforcement, the Comptroller and Auditor General, the Revenue Commissioners, the Financial Regulator and a Government Inquiry by the Public Accounts Committee into issues involving tax, mis-selling and overcharging and responses by the bank to customer litigation

Document Disclosure and Mutual Legal Assistance

We advise clients on all aspects of document disclosure, including maintaining and waiving privilege, confidentiality, privacy and data protection obligations.  We advise on complying with, or challenging, cross border mutual legal assistance requests from foreign jurisdictions and the taking of evidence for use in foreign proceedings.  

Recent experience includes:

• Successfully challenging the Revenue Commissioners in their efforts to extend disclosure requirements under the Irish tax code to bank accounts in the Isle of Man

Sources remark that “it is prompt in its responses and the partners are readily available to help".
Dispute Resolution: Chambers Europe 2011

The "efficient and responsive" team at Matheson Ormsby Prentice "provides sensible, practical advice". The team as a whole is praised as "easy to work with".
Dispute Resolution: European Legal 500 2011

“MOP has real clout in the Irish legal market, and if you have a tough case it has the resources to assist you,” say interviewees. Clients praise the level of support they receive from the disputes lawyers: “They are never fazed and act incredibly fast, which is of paramount importance in litigation. We get round-the-clock support from them and are never left in the lurch.” Major commercial litigation is very much the order of the day, although the firm’s breadth of experience is extensive. Highlights include acting for a multinational bank in a series of litigation claims arising out of the Bernard Madoff collapse. Head of the firm’s public law, regulatory and investigations team, Bríd Munnelly is playing a lead role. “She is an extremely exact lawyer and stands out for her thoroughness and attention to detail,” say clients. Carina Lawlor is further recommended, with clients reporting that “she is brilliant at dealing with senior counsel.”
Dispute Resolution: Chambers Global and Chambers Europe 2010

At Matheson Ormsby Prentice, the team ‘proactively works to develop the strength and depth of its service’.
Dispute Resolution: European Legal 500 2010

Matheson Ormsby Prentice "inspires confidence" according to clients, who also believe that "there are no other firms on a par in this area".
Dispute Resolution: European Legal 500 2009

The group was commended for its customer service: “It’s very flexible and always puts the client first, and the lawyers seem to know all the legislation inside-out.” The team is also active in regulatory advice, investigatory work and dispute avoidance counsel, and is equipped to handle ADR on the largest scale. “They’re very creative, and always seem to come up with ways around any difficulties in a case,” said one impressed client. Clients appreciate that Bríd Munnelly “doesn’t just confirm there’s a problem, but brings you a choice of solutions as well.” She is most active on the investigations and inquiry side of the practice.
Dispute Resolution: Chambers Global and Chambers Europe 2009