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Richard Flitcroft

Partner

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Richard is an experienced regulatory and investigations lawyer, with expertise in competition and anti-trust litigation and compliance, fraud, anti-bribery and corruption, investigations, prosecutions, and consumer protection.

He has worked closely with the major market regulators, and has significant experience in corporate investigations. He has helped clients in investigations by the ACCC, ASIC, the Australian Federal Police, the Australian Crime Commission, NSW ICAC, Royal Commissions, inquests and internal investigations.

Richard regularly stands with clients during compulsory examinations and the execution of search warrants.

He has designed and managed independent internal investigations for clients, running alongside regulator investigations. He also advises clients on board and reputation risks.

Richard is an associate member (Antitrust Section and Business Law Section) at the American Bar Association and a member at the Law Council of Australia in the Competition and Consumer Law Committee and Federal Litigation section. He has been a councillor at the Law Society of New South Wales since 2017.

Key deals

Australian Exchange operator – payments for influence

Advising the company, commencing with the response to the execution of search warrants by Australian Federal Police and Australian Crime Commission at the company’s offices and directors’ private residences. Supervised the execution of the warrants, advising on the company’s rights and obligations, and negotiating with AFP/ACC during the raids. Representing the company at interviews, the assertion and upholding of contested privilege claims, and subsequent investigation.

ASX-listed media entity

Acting for a large media entity in an ASIC investigation concerning continuous disclosure obligations, market sensitive information and insider trading. This required liaising with ASIC and representing five senior executives, including the CEO, CFO, Company Secretary and General Counsel in a series of compulsory ASIC examinations over a number of years.

Anti-bribery and corruption

Advising on potential contraventions and investigations, compliance training and analysis of practices, procedures and policies for companies across a number of industries, including mining and construction.

Foreign Bribery

Representing an ASX and TSX-listed mining entity in allegations of corruption associated with the prospective award of mining concessions in a developing nation.

‘Big 4’ Australian Bank

Advising a bank over several years during an ASIC investigation, focussing on industry benchmark setting practices. This involved working with three major forensic teams for documentary and audio recording review, design of internal investigation, the review of millions of documents and embedded liaison with the internal project team set up for the investigation.

Fraud against the Commonwealth

Advising a major private business in a multi-state AFP investigation concerning fraud against a major Commonwealth owned commercial entity.