Allens

Experience


Anti bribery and anti-money laundering
  • Advising on, preparing and implementing anti-bribery policies, compliance and training programs for Newcrest, Incitec Pivot, Wesfarmers, and a range of other clients.
  • Advising a number of resources companies on the application of anti-bribery laws to their operations in China, South East Asia and Africa.
  • Advising Macquarie and a number of other clients on the implications of anti-bribery laws for proposed transactions.
  • Advising clients on engagement with, and investigations commenced by, the Australian Securities and Investments Commission and the Australian Federal Police.
  • Conduct of independent investigations into potential incidents identified by clients in Asia and Africa.
  • Advising resources clients on US Department of Justice and SEC investigations and US litigation commenced against their joint venture partner.
Sanctions
  • Advising on, preparing and implementing sanctions policies, compliance and training programs for AWB, Incitec Pivot and a range of other clients.
  • Advising various clients on the application of Australian, EU, UK, US and other sanctions laws to their operations or to particular transactions.
  • Acting for AWB in proceedings emanating from the task force established by the Australian Government following the Cole Inquiry into AWB's involvement in the UN Oil-for-Food Program.
Disaster management
  • Advising major resources companies on allegations of widespread human rights violations engaged in by employees at assets in the Pacific and in Asia.
  • Advising a major oil company on issues arising in connection with a landslide in the Pacific.
  • Advising manufacturing and resources companies on various incidents resulting in significant environmental impacts in connection with project activities.
  • Advising Ok Tedi Mining Limited and BHP Billiton in relation to alleged environmental damage at the Ok Tedi mine in Papua New Guinea.
International trade and investment laws
  • Advising a major resource company on the application of WTO laws and bilateral investment treaties to their operations in Mongolia.
  • Advising a major pharmaceutical company on the application of bilateral investment treaties and free trade agreements to their operations in Australia.
  • Advising a major oil company on responding to a large multi-national anti-dumping investigation by Australian regulatory authorities.
Legal/litigation risk minimisation for large-scale projects or investments in high-risk jurisdictions
  • Conducting due diligence on proposed acquisitions for risks posed in connection with anti-bribery and sanctions laws, international trade and investment laws, community and stakeholder relations, and environmental practices.
  • Advising on investment and joint venture agreements, to ensure compliance with relevant international laws and standards.
  • Undertaking audits for major resources clients for operations in Asia and the Pacific, examining litigation risk associated with human rights violations, community engagement and consultation, and environmental and labour standards. This includes internal document reviews, witness interviews and the review of published standards and statements.
  • Advising on issues of land acquisition and resettlement issues, the applicable domestic laws and international standards, including the IFC Performance Standards, in various countries in Asia, the Pacific and Australia.
  • Advising major resources, manufacturing and pharmaceutical companies on domestic and international law and standards that apply to large-scale projects or operations, such as the OECD Guidelines for Multinational Enterprises and the Voluntary Principles on Security and Human Rights.
  • Advising major banking clients on international laws and standards related to project financing, including the Equator Principles.
  • Advising major resources clients on government inquiries and investigations into the above, including references made to non-judicial bodies such as OECD National Contact Points.
Business human rights obligations
  • Assisting the UN Special Representative on Business and Human Rights on his mandate, including establishment of the 'Protect, Respect, Remedy' Framework and Guiding Principles, from 2005 to 2011.
  • Advising major resources clients and a major banking client on establishment and review of human rights policies and compliance programs, in line with the UN 'Protect, Respect, Remedy' Framework.
  • Conducting human rights impact assessments at the asset level in Asia and the Pacific.
  • Advising various clients on policies and practices, including contractual arrangements across their supply chain, related to forced, involuntary and child labour.
  • Conduct of investigations under privilege for a range of clients into alleged or suspected human rights violations. This includes allegations of violations by public and private security forces protecting asset property and personnel.
  • Design and implementation of alternative dispute resolution frameworks to respond to allegations of human rights violations at a project level in Asia and the Pacific.
  • Audits under privilege for resources company operations in Asia and Africa into operational alignment with the UN Protect, Respect, Remedy Framework, and the Voluntary Principles on Security and Human Rights.
  • Design and implementation of project-level grievance mechanisms for major oil and resources companies operating in PNG, China and various other Asian countries.
  • Acting for Ok Tedi Mining Limited in class action proceedings commenced in Australia in connection with alleged harm suffered at the Ok Tedi mine.
  • Acting for clients in litigation commenced under the US Alien Tort Claims Act.
Financing
  • Advising a major banking client on application of the Equator Principles to proposed projects in Asia.
  • Advising resources clients on financier environmental, social and governance standards of application.