Jonathan Stevens
Partner, Head of Dispute Resolution

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Risk management

Litigation risk management

Contact

Jonathan Stevens
Partner, Head of Dispute Resolution

jonathan.stevens@asb-law.com

Risk management

Whatever your business, and regardless of size, we can assist you in developing a proportionate and practical strategy to mitigate areas of risk.

As litigators, we tend to be asked to advise only after things have already gone wrong. Whilst disputes are sometimes inevitable, with earlier intervention they can often be avoided or resolved, or failng that, then at least narrowed or strategically strengthened.  This can save you significant time, aggravation and cost.

We prefer to help you save the costs and inconvenience of litigation by advising you at this earlier stage.

Our risk management and mitigation service focuses on two key areas:

  • Identifying and mitigating areas of business risk to reduce the likelihood of litigation
  • Responding to and dealing with serious and often urgent issues, such as:
    • the discovery of fraud or corruption
    • avoiding or minimising the risk of a regulatory investigation or helping to minimise the change that such an investigation might result in disciplinary proceedings or a prosecution
    • a strategic need to terminate or to change the terms of a key contract
    • a serious industrial accident
    • likely key risk areas in major contracts

Mitigating corporate risk

While the facts of each dispute are unique, the underlying issues rarely are. Key among these are generally issues such as ambiguous contracts, inadequate policies and procedures, burdensome regulation, disgruntled employees.  These can affect any business, regardless of its size or sector.

Through our diverse experience, we have an exceptional understanding of the reasons why disputes arise. We identify common areas of risk within your business or carry out a tailored audit to unearth specific problems. We then work with you to ensure that issues are tackled according to your general attitude to regulatory or commercial risk.

In tough times, businesses often take greater risks in order to reduce costs. Contracts are more regularly broken, and expensive and protracted litigation arises as a result. In advising clients on how to resolve disputes before they become litigious, it is important to try to understand the commercial objectives on both sides, together with the prevailing conditions, in order to formulate a strategy designed to achieve our client’s objectives in a quick and cost-effective manner.  Many disputes could be avoided or made easier to resolve through this early intervention.

Many of our lawyers are dedicated to particular industries, working closely with market participants, regulators and trade bodies to understand their approach and advise on the practical impact of legislation and of market practices.

Responding in emergency

A commercial crisis can often occur with little or no warning. Those on the ground usually have little time to think or take advice, and immediate action is required to lessen economic or reputational damage. If not handled properly, the impact can be devastating. 

Our experienced team of litigators can be on hand at short notice to help you manage an emergency.

We also provide training on crisis management so that everyone in your organisation knows their role and is prepared for any eventuality.

Jonathan Stevens, PartnerFor more information on risk management and to start a conversation on how we can help you please contact Jonathan Stevens, Partner, Head of Dispute Resolution.

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