Luke Tolaini is a disputes partner specialising in complex corporate/Board level matters including investigations and disputes of reputational significance. Luke is part of Clifford Chance's Global Risk Leadership team.
Luke's work often includes multi-faceted cases involving combinations of internal investigations, crisis management, government engagement, internal risk management and the defence and resolution of criminal and administrative enforcement and court litigation. He has worked across multiple sectors, including extractives, outsourcing, commodities, tech, pharma and finance.
- Advising a UK plc in defence of one of the few multi-shareholder stock-loss claims in the English courts based on alleged knowing or dishonest statements in published accounts arising from compliance and systems failings
- Advising Serco plc in the investigations, civil disputes and remediation arising from its contracts with the UK's Ministry of Justice and securing a related deferred prosecution agreement with the UK's SFO
- Advising Pfizer in the long-running investigation of drug pricing by the UK's Competition and Markets Authority, litigating the initial decision, over-turning the CMA's case and its largest ever single antitrust fine and then defeating the CMA's appeal in the Court of Appeal
- Advising InterGen in Ofgem's investigation and settlement of its precedent setting case under European regulation concerning abuse in the wholesale electricity market
- Advising companies subject to investigation and pre-investigation by the UK's SFO in relation to bribery and corruption both pre- and post-UK Bribery Act
- Advising a FTSE 100 company in parallel criminal and regulatory investigations by multiple international enforcement agencies relating to alleged fraud by the company against a backdrop of related litigation
- Advising a European based global financial institution subject to criminal tax and regulatory investigations by the UK's HMRC, FCA and overseas authorities
- Advising companies in multiple sectors on risk, crisis management and compliance policies and procedures
News and client work
Deferred Prosecution Agreements webcast
- Luke presents a Thomson Reuters hosted webcast with Judith Seddon, "Deferred prosecution agreements: worth the wait?" (June 2014), looking at:
- the law and Code of Practice on Deferred Prosecution Agreements (DPAs) and other related relevant guidance
- the hurdles the prosecutor has to satisfy to enter into a DPA
- the practical issues to consider including: waiver of privilege, the use of
- material disclosed during the process and potential impact on civil proceedings.
Career and qualifications
- Exeter University (History and Politics) 1993
- Admitted as a solicitor in England & Wales 1998
- Joined Clifford Chance 2001
- Partner since 2008
- Luke is a founding co-editor of The Practitioner's Guide to Global Investigations on the editorial board of the Global Investigation Review
Awards and citations
- Sources report that "he has vast experience and he really understands the importance of a global approach," adding that "he is thorough, determined, quick and hard-working."
Also that Luke is considered "one of the most artful, articulate negotiators you will ever find."
"Luke is an unusually effective combination of serious intellect, excellent judgement and practical advice".
Chambers UK, 2019: Financial Crime: Corporates