Osborne Clarke Disputes Week 2023

This session explores what "greenwashing" really means in commercial litigation. Who is at risk, for what, and why? Giving practical advice and examples, this session provides a 101 on the law of misrepresentation, and advice on how to assess and react to the risks arising from statements you make and actions you take through a climate change litigation lens.

In this webinar, we'll discuss the recent and on-going litigation in France and across the world, in connection with environmental and human rights due diligence and reporting, consider what this may mean for a UK audience and how businesses may seek to limit their exposure now and in the future.

With an increased pressure on parties to mediate disputes, businesses will need to become familiar with the way that mediation works and develop strategies for success. This session will share our top tips for how to get the most out of mediation, covering the basics for those who have not attended a mediation before; how to best prepare for a mediation, including drafting impactful mediation statements; negotiation tactics to deploy on the day; and capturing the deal in a settlement agreement.

This session is designed for in-house counsel who are developing their expertise in contentious matters, or whose remit is not solely focused on such matters and so come across international contentious issues less often. As well as focussing on how to take a strategic approach to the litigation, we will share some top tips on managing common issues faced by in-house counsel in complex international disputes.

Parallel proceedings are common in many fields of litigation.  This session will look at practical points to consider when parallel proceedings are  initiated in respect of the same or related underlying dispute, and strategies to overcome common problems such as confidentiality, central coordination, costs management, timing and how to decide which goes first, maintaining privilege, the pros and cons of using the same experts/witnesses, enforcement of parallel judgments and maintaining parallel relief proceedings.

In this one hour webinar our senior contentious technology specialists will provide a practical update on topical issues in technology disputes looking at digital transformation projects; cyber security and contentious data issues; developments in crypto disputes; platform liability and online harms; and the future for technology disputes including predictions for contentious AI disputes.

Is international arbitration really the answer for cross-border commercial and construction disputes?  Our panel of experts will look at reasons why clients should be interested in arbitration,  challenge 'received wisdom' about both the arbitral and court processes and examine some critical developments in arbitration in recent years, including the emergence of 'expedited arbitration', 'emergency arbitrators' and 'summary judgment' style procedures.

Litigation is often a burden on time and costs for a business - with the right tactics and strategies, businesses can de-risk litigation and improve outcomes. In this webinar we'll be taking a look at the latest tips and methods to control the costs, time and outcome risks of your litigation portfolio, including litigation funding and insurance, as well as technology that can improve efficiencies.

What are the practical steps that landlords and tenants can take to protect their position, and how can you avoid the pitfalls that can catch out the unwary? Our real estate litigation and restructuring & insolvency experts will provide an overview of how to navigate the various insolvency regimes and tools including CVAs, administration and the service of statutory demands/ winding up petitions, looking at the issues from the point of view of both landlords and tenants to understand the priorities of both sides.

What are the warning signs organisations need to look out for when doing business during a period of economic uncertainty? Speakers from our Commercial Disputes and Restructuring & Insolvency teams will provide an overview and give their top tips on how to effectively protect your position, recover sums owed and save costs should things start to go wrong.

In this webinar, we'll provide an overview of the criminal enforcement powers of different regulators (against organisations and directors) and explore how they approach and enforce breaches of regulatory law and what those outcomes can look like. Using a case study to bring the session to light, we'll share insights on how to manage an internal and regulatory investigation so as to limit any potential prosecution or enforcement risk.

What are the practical points to consider when enforcing valuable IP rights in the digital landscape, including social media, the metaverse and e-commerce platforms? Our panel will consider this and also how both technological and legal changes may impact platforms and rightholders in the future. 

In episode one, reputation management specialist Henry Fox is joined by Mary Lawrence, the head of Osborne Clarke's Health and Safety Practice, to discuss the reputational risks posed by health and safety investigations and the steps, and how clients can take steps to protect their reputations in these circumstances. 

In episode two, reputation management specialist Henry Fox is joined by Chris Wrigley, Co-head of Global Compliance at Osborne Clarke, to discuss the reputational risks posed by matters such as sanctions, supply chains and ESG, and how clients can address those risks.

In episode three, reputation management specialist Henry Fox is joined by Katie Vickery, who leads the Product Safety practice at Osborne Clarke, to discuss the reputational risks posed when problems arise with consumer products, and dealing with the associated regulatory issues.

In episode four, reputation management specialist Henry Fox is joined by Craig McCarthy, public procurement specialist at Osborne Clarke, to discuss the reputational challenges of contracting with the public sector. 

In the final episode of the series, reputation management specialist Henry Fox is joined by Kate Brader, Head of Crisis at FTI Consulting for a discuss her experiences of reputational issues arising from regulatory investigations.

In this podcast, Rachel Couter, head of Osborne Clarke's financial services contentious regulatory practice, Jeremy Summers, head of the firm's business crime team, and Benedicte Perowne, also a financial services contentious regulatory specialist, provide a brief overview of the Financial Conduct Authority's approach to investigations – both from a criminal and regulatory enforcement perspective.

FCA investigations, whether criminal or administrative, are likely to be complex, long and can be stressful for the firms and individuals involved. Therefore, firms may want to receive legal advice and support early on in proceedings. Rachel, Jeremy or Benedicte would be happy to provide any further information if required.