Managing risk in a transforming world
Managing risk is at the top of the boardroom agenda – or should be. As businesses seek to recover from the operational and economic effects of Covid-19 to date, many are having to deal with risks that are only now emerging or crystallising. Add in the uncertainty that Brexit continues to generate and you have a situation unique in modern times. In times of economic stress, commercial disputes and fraud become more prevalent, while the perceived costs and time involved in High Court litigation can put some off pursuing claims that could bring revenue into the business.
At the same time, the transformational effects of digitisation, decarbonisation and urban dynamics are disrupting business models – posing commercial and contractual risks for all sectors.
We look at how you can get out in front of the issues, allowing you to mitigate the risks and to resolve disputes with the minimum cost and disruption to the business.
Article list
Parent company liability: organisational structures and policies can erode company distinctions
The latest significant decision on whether a global parent company owed a duty of care for the operations of its...
Litigation funding: turning disputes from a cost centre into a profit centre
Right now might not seem like a good time to start a new, potentially costly, dispute – but hedging the...
The litigation funding and insurance options that can help you manage disputes risk
The market for third party funding, insurance and risk-sharing arrangements has matured to allow businesses to tailor the risk profile...
In-house counsel seek a Brexit-proof solution: are we entering the 'age of arbitration'?
Given the wide-scale disruption wrought by the Covid-19 pandemic, disputes are likely to increase in the coming months. The forum...
When the pivot fails: how to mitigate post-Covid corporate disputes
The pandemic has required businesses to react quickly, but disputes can arise when difficult decisions taken in the heat of...
In the line of duty: navigating directors' duties through times of crisis
A combination of disgruntled shareholders, increased regulatory scrutiny and the threat of insolvency-related offences is causing a sharp upturn in...
Who's been up to no good? What to do when you uncover commercial fraud
Businesses already battling the effects of coronavirus and the resulting economic conditions will need to brace themselves for what may...
Liability creep | Are the parents to blame?
With corporate groups covering an increasingly diverse range of activities and geographies, 'liability creep' is becoming an important risk management...
Legal privilege: re-examining legal advice and waiver
Litigating parties will often be keen to limit the extent of disclosure that they will need to provide during the...
Can you rely on your force majeure clause?
As the pandemic continues to affect ongoing contractual relationships, the wording of a contract is crucial to determine whether delays...
Liability creep | Regulators taking aim at the top
Regulatory regimes such as competition, data protection, and bribery and corruption offer regulators the opportunity to cast the liability net...
Are parents to blame? Liability in mass tort claims
This article is part of a series focusing on the different ways in which liability for the actions of one...
Parent company liability: organisational structures and policies can erode company distinctions
The latest significant decision on whether a global parent company owed a duty of care for the operations of its...
Litigation funding: turning disputes from a cost centre into a profit centre
Right now might not seem like a good time to start a new, potentially costly, dispute – but hedging the...
The litigation funding and insurance options that can help you manage disputes risk
The market for third party funding, insurance and risk-sharing arrangements has matured to allow businesses to tailor the risk profile...
In-house counsel seek a Brexit-proof solution: are we entering the 'age of arbitration'?
Given the wide-scale disruption wrought by the Covid-19 pandemic, disputes are likely to increase in the coming months. The forum...
When the pivot fails: how to mitigate post-Covid corporate disputes
The pandemic has required businesses to react quickly, but disputes can arise when difficult decisions taken in the heat of...
In the line of duty: navigating directors' duties through times of crisis
A combination of disgruntled shareholders, increased regulatory scrutiny and the threat of insolvency-related offences is causing a sharp upturn in...
Who's been up to no good? What to do when you uncover commercial fraud
Businesses already battling the effects of coronavirus and the resulting economic conditions will need to brace themselves for what may...
Liability creep | Are the parents to blame?
With corporate groups covering an increasingly diverse range of activities and geographies, 'liability creep' is becoming an important risk management...
Legal privilege: re-examining legal advice and waiver
Litigating parties will often be keen to limit the extent of disclosure that they will need to provide during the...
Can you rely on your force majeure clause?
As the pandemic continues to affect ongoing contractual relationships, the wording of a contract is crucial to determine whether delays...
Liability creep | Regulators taking aim at the top
Regulatory regimes such as competition, data protection, and bribery and corruption offer regulators the opportunity to cast the liability net...
Are parents to blame? Liability in mass tort claims
This article is part of a series focusing on the different ways in which liability for the actions of one...