Increased focus on law enforcement - Plesner strengthens its team providing advice on corporate criminal law and compliance
In recent years, Danish businesses have become subject to more complex and stricter regulation and monitoring by authorities. This focus on compliance is followed up by an increased political focus on the enforcement of these rules by fines and punishment to both businesses and their managements.
"It is no longer enough to advise on compliance in a broad sense. The authorities are increasingly focusing on enforcement and it is quite simply necessary to include special criminal law expertise, not just on the application of the rules but especially also on the authorities' specific actions when conducting these criminal proceedings. Mr Fogtdal's extensive litigation experience combined with his unique expertise in particularly securities law and market abuse make him a strong addition to our team", says Peter Schradieck, who is the head of Plesner's Dispute Resolution team.
Since the financial crisis, the business sector has experienced a pronounced tendency towards increased and stricter regulation in the capital market law area (the Danish Securities Trading, etc Act, market abuse, insider trading, price manipulation etc) and in competition law (cartels, pricing agreements etc), tax, personal data and international trade.
The rules that the business sector must comply with make it possible to impose even harsher sanctions. Not only financial sanctions, but also criminal law sanctions. The recent development in both Denmark and internationally is the authorities' intensified focus, also on law enforcement.
It is in response to such risks and our clients' need for being able to handle such risks that Mr Fogtdal joins Plesner.
"I look very much forward to becoming a part of Plesner's Dispute Resolution team where I will contribute with my corporate criminal law knowledge. There is no doubt that the trend is towards stricter sanctions, which will lead to more and bigger cases against businesses and their managements", says Mr Fogtdal.
Corporate criminal law expert
Mr Fogtdal joins Plesner from the Danish Public Prosecutor for Serious Economic Crime where he was the Deputy Public Prosecutor and the head of the stock exchange and financial affairs area. Mr Fogtdal has extensive litigation experience and he has conducted more than 30 cases before the Danish Supreme Court.
He is one of Denmark's most experienced corporate criminal law specialists and the leading expert in criminal proceedings on market abuse. Mr Fogtdal has more than 20 years of experience from the Danish Public Prosecutor and the Danish Director of Public Prosecutions and before that he worked as a corporate lawyer for more than 10 years.
The addition of Mr Fogtdal means that Plesner is now able to offer comprehensive advice on all compliance aspects including advice on violations of criminal law, sanctions by authorities, legal crisis management and internal investigations.