Eike W. Grunert

Eike Advises

• Listed companies (incl. S&P 500, NASDAQ-100, NYSE, LSE, DAX, MDAX, DAX ESG 50, TecDAX, SDAX, Stoxx Europe 500) from Germany, the USA and the UK in internal and external investigations, compliance reviews, audits, certifications of CMS
• Corporate groups with complex structures and international business activities in Compliance Risk Assessments (CRA), review and adjustment of its compliance management measures to regulatory requirements and standards
• Small and Mid-sized Enterprises (SMEs) in the establishment of compliance processes
• Individuals in internal Investigations

Experience Highlights

• Advised a leading information provider and database for press, company and business information on the adjustment of the Third-Party Risk Assessment process to actual regulatory ESG requirements (German Supply Chain Act, EU CS3D) and regulatory summaries on legal requirements on Compliance, Anti-Bribery & Corruption (ABC), Anti Money Laundering (AML)
• Advised TE Connectivity on the implementation of regulatory ESG requirements under the German Supply Chain Act – GSA
• Advised Linde during audit requests by the German Federal Office of Economics and Export Controls (BAFA) on the implementation of the German Supply Chain Act (GSA) and GSA Report
• Advised a leading provider of data centres for banking, insurance, industry on ESG compliance requirements under its long-term outsourcing agreement for data centres operated on behalf of a major German bank
• Assisted a leading nutrition & sweets brand on the implementation of the German Whistleblower Protection Act (Hinweisgeberschutzgesetz) including policy and works council agreement (Betriebsvereinbarung)
• Advised a leading global business hotel chain on the implementation of the EU Whistleblowing Directive and the German Whistleblower Protection Act
• Assisted a leading global manufacturer of commercial vehicle components in comprehensive cross-border internal investigations in Asia on whistleblower allegations of corruption and fraud
• Leading role in the team of the US counsel to the U.S. Foreign Corrupt Practices Act (FCPA) Compliance Monitor of Siemens AG in connection with the settlement of civil and criminal FCPA charges, including reviews in, among other, Germany, Austria, Brazil, United Arab Emirates and Egypt
• Conduct internal investigations in Russia on FCPA, accounting fraud and tax allegations for a (NYSE) listed Fortune World’s Most Admired Company in the Consumer Product sector
• Acted as FCPA post-settlement counsel for a leading automotive manufacturer (DAX) on various topics including whistle-blower reporting, business partner management, and top management training at corporate headquarter functions and regional companies in Germany, France, Argentina, UK, Malaysia, and Italy
• Counselling to a U.S. listed industrial company (Fortune 100) and conduct internal investigations on potential compliance violations at a medical device manufacturer in Germany, Portugal, Spain, Italy, China, Hong Kong, Singapore, Libya, and Angola
• A leading manufacturer or mechanical connectors on the clarification of regulatory under US product compliance laws including the Toxic Substances Act (TOSCA) in collaboration with US counsel
• Defend a leading fresh food logistics provider in administrative offence proceedings by its supervising authority regarding alleged non-compliance with the German Working Time Act (Arbeitszeitgesetz)
• Assisted a global pharma group on the EU Corporate Sustainability Reporting Directive (CSRD) and EU Taxonomy
• Assisted Raymond James Corporate Finance in the outsourcing of AML / MaRisk / Compliance & Fraud Management at its German subsidiary
• Special regulatory audit (Sec. 44 of the German Banking Act Kreditwesengesetz – KWG) at a major German bank
• Advice a leading partnership of patent attorneys and lawyers on the adjustment of KYC / AML controls and compliance risks from the outsourcing of business lines
• Assist CANCOM to prepare for the ISO 37301 certification of its Compliance Management System
• A UK-headquartered international manufacturer of insulation and building technology in the review of its Global Reporting Policy to implementation of EU Whistleblower Protection Directive across 8 EU countries
• Counselling for a U.S. listed industrial company and conduct internal investigations on potential compliance violations by a medical device manufacturer in Germany, Portugal, Spain, Italy, China, Hong Kong, Singapore, Libya, and Angola
• Assisted a leading SaS (software-as-a-service) provider in HR management on internal investigations regarding cross-border payment and investment notifications under German Foreign Trade Laws (incl. Außenwirtschaftsgesetz and Außenwirtschaftsverordnung) including self-reporting, rectification of notifications, and process remediation
• A leading healthcare industry group on the scoping and conduct of internal investigations (on AML, sanctions & export controls, foreign trade laws, tax) at one of German medical product subsidiary
• Provide strategic advice to a leading global steel manufacturer on internal investigations in connection with allegations of false booking and balance sheet issues at German and Dutch subsidiaries
• Advised the PR branch of global industry supplier (manufacturing) on analysis (identification, risk assessment, controls) of key compliance topics including compliance analysis report
• Advised Hyland Software Inc. on the design and implementation of compliance policies for gifts and hospitality including step-by-step guides and country overviews for 18 jurisdictions
• Advised a global commercial vehicle components manufacturer on its global compliance management system, including structure and global roll-out of compliance function, case management process, compliance carta, and business partner compliance processes
• Advised an automotive parts supplier on its global compliance management system
• Assisted a leading luxury hotel chain on compliance reporting policy and operating manual for the legal department
• Advised a municipal housing company on the structure and strengthening of its internal audit function
• Advised a building services engineering company on compliance management, including risk assessment, controls, training, compliance management handbook and review of effectiveness of controls
• Advised a listed biotech company in conducting a compliance risk assessment and further compliance measures in several risk areas, including anti-corruption, anti-trust and fair competition, data protection, data security, export and sanctions
• Assisted a leading building technology manufacturer in conducting a comprehensive compliance risk assessment across 33 group companies in 22 jurisdictions, including holding and headquarters in Switzerland
• Advised a leading FinTech company with steps to be taken in relation to conducting internal investigations into allegations raised by whistleblower letters, as well as giving guidance on handling of compliance reports
• Advised a biotech and pharmaceutical company on extensive updates to its compliance management systems required as a consequence of a change in its operations from an R&D company to a provider of pharmaceutical products, including, among other, compliance with the French pharma transparency regulations (French Sunshine Act)
• Advised an international business advisory partnership in the IP space on cooperation with third party intermediaries in several jurisdictions including China, Japan, Taiwan, South Korea, Jordan, Saudi Arabia, and other
• Advised a leading facility management company in criminal asset recovery proceedings following embezzlement of funds by former employees
• Advised a leading global enterprise software company in administrative proceedings by the German Federal Bank in connection with reporting obligations under foreign trade legislation
• Advised a leading global enterprise software company in administrative proceedings against German subsidiaries in connection with preparation and filing of annual accounts
• Advised a leading manufacturer of microchips for industrial use in connection with compliance clauses in general terms and conditions of one of its major automotive customers
• On behalf of the new PE-shareholder, conducted an audit and internal investigations at a mid-size IT distributor in connection with particular sales and procurement practices
• Conducted a worldwide compliance risk assessment at a manufacturing system engineering company, including top-level and mid-management risk assessment workshops in Germany, Switzerland, China, USA, India, Thailand, Indonesia, Slovakia, Czech Republic, Netherlands and further group locations
• Advised a decentralised group of packaging companies on the initiation and implementation of an internal compliance function in with four main business units and 34 companies in 17 jurisdictions, and improvement of existing compliance measures
• Advised a mid-sized food production enterprise on the risk analysis and implementation of a code of conduct
• An independent contractor (engineering) in internal investigations conducted by DFB Deutscher Fußballbund against own employees
• Advice on the concept and implementation of key components of a Compliance Management System at a leading automotive supplier, including Code of Conduct, compliance messaging, signature rules, data protection, risk assessment
• Provide compliance training to members of top management of a leading global insurance company (DAX) including training on national and international anti-corruption laws

Career History

Previous Law firms

• 2018-2024: Pinsent Masons, Partner, Head of Global Investigations & Compliance Germany
• 2015-2017: PSP Peters Schönberger & Partner, Partner, Head of Service Line Compliance
• 2002-2015: Gibson Dunn & Crutcher, Attorney (M&A, Corporate, Compliance)

Memberships

• DICO German Institute for Compliance (personal member)
• JUC Network Corporate Crime and Compliance (2019-2022)
• Alumni of the German Scholarship Foundation
• AlumniClub University of Passau

Education

• 2000-2002: Humboldt-Universität Berlin – PhD
• 1998-2000: Superior Court of Justice Berlin – 2^nd State Examination (bar exam)
• 1993/94: King’s College London – Diploma of Legal Studies
• 1991-1996: University of Passau – 1^st State Examination (University degree in Law)

Selected speaking engagements

• German Supply Chain Act: My obligations as an entrepreneur, Chamber of Industry & Commerce (IHK) Frankfurt am Main webinar, April 9, 2024 (in German)
• Whistleblowing requirements in Germany: Supply Chain Act and the Whistleblower Protection Act, Live-Event with Safecall, London, March 20, 2024 (in English)
• German Supply Chain Act update on BAFA’s hot topics: complaint management, risk analysis, reporting, LegalTegrity webinar, February 22, 2024 (in German)
• Implementation of the Whistleblower Protection Act, webinar with Hintbox, July 3, 2023 (in German)
• Whistleblowing Trends, Breakfast roundtable together with Safecall, London, June 14, 2023 (in English)
• Whistleblower Protection Act – What employers should do now, Pinsent Masons Webinar, May 23, 2023 (in German)
• Global Investigations, Client workshop at Pinsent Masons London, April 27, 2023 (in English)
• LkSG – Designing secure supply chains: With innovation and sustainability to success, one-day webinar hosted by LegalTegrity , March 21, 2023 (in German)
• Impact of German Supply Chain Act and Developments in Trade Controls and Sanctions, Dow Jones / Pinsent Masons Expert Series, GoTo webinar, March 24, 2022 (in English)
• Supply Chain Due Diligence: How much is enough?, FTI Consulting webinar, together with J. Huish, N. Cobb, T. Utoft, and S. Keen, November 3, 2021
• Global Investigations during the COVID 19 Pandemic – the German Perspective, Speaker and Panellist at a global Webinar by Mondaq / Panag & Babu Law, together with Sherbir Panag (Panag & Babu Law, India), David Simon (Foley & Lardner LLP, USA), and J. Sugarman QC (UK), October 29, 2020 (in English)
• Compliance in the Supply Chain, Presentation and panelist during Virtual Compliance Talk by Onlinemagazin “Compliance Business”, AccessData, DICO e.V. and ACC Europe, September 24, 2020 (in German)
• Implications of the German Corporate Sanctions Act for Compliance Management, Pinsent Masons Compliance Breakfast, Munich, Frankfurt, Düsseldorf, September 2019 (in German)
• The Legal Framework of Business Partner Compliance, keynote speech at Dow Jones Risk & Compliance seminar on Third-Party Risk Management, Stuttgart, January 23, 2019 (in German)
• Compliance – Pitfalls during Internal Investigations, Lunchtime talks at the mkk Münchner Kapitalmarkt Konferenz, December 11/12, 2018, Munich (in German)
• Compliance – Liability of Managers and Gatekeepers for Pitfalls during Internal Investigations, Presentation at the better orange Capital Markets Practitioners’ seminars in Hamburg (November 11, 2018), Düsseldorf (December 3, 2018), Berlin (December 4, 2018) and Munich (December 5, 2018) (in German)
• The role of Risk Assessment for an efficient Compliance Management System, Speech contribution and panelist at press conference release of Compliance Rating of the German DAX 30 (Das Compliance-Rating der DAX-Unternehmen) by Verlag Fuchsbriefe, Grandhotel Hessischer Hof, Frankfurt am Main, August 30, 2017 (in German)
• The Foreign Corrupt Practices Act (FCPA) – Relevance for German Corporations, Inhouse workshop at Robert Bosch GmbH, Gerlingen-Schillerhöhe, October 29, 2014 (in German)
• Personal Liability of internal Assurance Providers for Compliance Violations at the seminar “Compliance in Aeronautics & Defence”, Munich, March 13, 2014 (in German)
• Workshop International Crisis Management for Corporations – Compliance and Internal Investigations, German Stock Corporation Association (Deutsches Aktieninstitut e.V.), Frankfurt am Main, October 22, 2013 (co-author and panelist together with Benno Schwarz) (in German)
• Workshop Effectively Managing Internal Investigations, C5 Sixth Advanced European Forum on Anti-Corruption, Frankfurt am Main, January 31, 2013 (co-author and panellist together with Benno Schwarz) (in German)
• Compliance in M&A Transactions and Joint Ventures, 7th session of the Gibson Dunn Webcast Series “Practice Academy Compliance” (together with Benno Schwarz, Gibson Dunn, and Alexander Jüngling, Bilfinger SE), Munich, January 24, 2013 (in German)
• The Interaction of the Components of an Efficient Compliance Management System, 2nd session of the Gibson Dunn Webcast Series “Practice Academy Compliance” (together with Benno Schwarz, Gibson Dunn, and Thomas Meyers, MAN Trucks & Busses), Munich, November 22, 2012 (in German)

Recent publications

• Chapter ‘Germany’ in ‘The Practitioner’s Guide to Global Investigations’, Volume II: Global Investigations around the World, by GIR Global Investigations Review, 7th Edition, 2023 (in English)
• In Scope: Supply Chain Act, Quotations in article by Henning Zander, in: unternehmensjurist, Ed. 4/2021, June / July 2021, p. 24 seq. (in German) (https://www.diruj.de/wp-content/uploads/2021/06/UJ_04-2021-Leseprobe.pdf )
• Termination of a Managing Director for Compliance Violations, Summary and comments of judgment by Higher Regional Court Hamm, May 29, 2019, 8 U 146/18, Arbeit und Arbeitsrecht (AuA) 2020, p. 124 (in German)
• Corporate Sanctions Act and Compliance Risk Assessment, CCZ 2020, S. 71
• Sustainability as Selling Point, Quotations in article on www.capinside.com, September 11, 2020 (in German)
• Monitorship as per US blueprint?, 4/2019, p.4 (together with David Johnson) (in German)
• Compliance-Monitorship under German law on the horizon?, Interview with Dr. Eike Grunert, comply. 4/2019, p. 20-23 (in German)
• Secretly, quietly and silently, SMEs discover compliance, Interview quotes in an article by Geertje de Sousa, JUVE Rechtsmarkt #05, 2019, May 2019 (in German)
• Interview by GIR Global Investigations Review (Emily Casswell), July 17, 2018 (Pinsent Masons partner in Munich wants compliance to be taken more seriously) (in Englisch)
• Focusing on Risk, Expert-interview in The Compliance Rating of the German DAX 30 (Das Compliance-Rating der DAX-Unternehmen), Verlag Fuchs-Briefe, August 2017, p. 16 (in German)
• The OECD common reporting standard (CRS): FATCA is going global, Business Law Magazine No. 2, June 11, 2015, p. 5 (together with Dr. Hans-Martin Schmid) (in English)
• Challenges and Compliance-Risks for Finance Institutes under the new OECD Common Reporting Standard (CRS), Compliance-Berater Heft 4, 2015, p. 98-103 (together with Dr. Hans-Martin Schmid)
• The Foreign Corrupt Practices Act (FCPA) in German contracts of the Healthcare Industry, review of the dissertation of the same title by Anke Zierenberg, CZZ – Corporate Compliance Zeitschrift, Issue 6/2011 (November 2011), p. V-VI (CZZ Aktuell) (in German)

Testimonials

• Legal 500 (Compliance, since 2020)
• JUVE (Compliance Investigations, 2020-2023)
• JUVE Law firm of the year Compliance-Investigations (2014)
• Kanzleimonitor (Compliance, since 2020)
• ‘Eike Grunert: Excellent expert, outstanding advisor on the design and implementation of new legislation that needs to be implemented as part of compliance management systems. Practice-oriented, very experienced, pragmatic and precise. Very efficient.‘ (cf Legal 500, Compliance, 2024)
• ‘Eike Grunert exceeded our expectations with his level of management of the project.’ (General Counsel & Head of Compliance, US business software house)
• ‘We were in safe and capable hands with Dr Grunert in particular, … He was competent, fast, and he had a deep knowledge of case law of legal developments in Germany and beyond. … We were amazed by the speed and the completeness of understanding of our difficult questions. We were also grateful for the practical advice and solutions (…) proposed. (Senior managing partner of an international business advisory firm in the IP field)

Eike is a partner in gunnercooke GmbH, whose registered office is Kurfuerstendamm 15, 10719 Berlin, AG Charlottenburg, HRB 224488 B. All lawyers of gunnercooke GmbH are admitted either in Germany or Austria to practise as Rechtsanwalt or Rechtsanwaeltin and are members of and regulated by the relevant local Bar (Rechtsanwaltskammer).