Statistics show that in the UK alone, an estimated 7% of annual turnover is lost to fraud schemes, involving issues such as kickbacks, insider trading, financial statement and invoice fraud, bribery, and even the simple skimming and misappropriation of assets. It is estimated that fraud costs business in the UK over £110bn per year.
Fraud, like any serious disease, spreads if not treated early. It saps corporate reputations and finances, and in the worst cases can prove fatal to an organisation. Reputational damage, in particular, can be devastating. A loss of confidence by shareholders, customers, suppliers and regulators, as well as the potential of litigation in the wake of a fraud, can lead to a drop in share price from which a company may never recover. In addition, if it can be shown that a company’s directors and management have neglected their fiduciary responsibilities, they can be held personally liable for the loss incurred by the company. Continue reading “Sponsored briefing: A risk checkup can help companies fight back against fraud”
As #MeToo continues to shine an uncomfortable light on many industries, Anna Cole-Bailey looks at how its influence on employment litigation in firms is likely to come into full swing in 2019
For Sarah Henchoz, a partner in Allen and Overy’s employment team who has hailed 2019 ‘the year of culture’ for big employers, her department has seen a spike in advisory work following the emergence of the #MeToo scandal in late 2017: ‘The first week back in January 2018 we received six separate new matters all relating to sexual harassment or misconduct,’ she says. Continue reading “Market Report: Employment – The toughest gig in town”
Manoj Singh and Nilava Bandyopadhyay discuss the growth of commercial litigation in India, with a focus on infrastructure projects
Broadly speaking, commercial litigation encompasses any type of litigation that deals with or involves issues related to business, usually between two business entities but definitely not restricted to that. Currently, in India commercial litigation has turned out to be a burgeoning field of law. Its growth has been spurred by the recent trend of booming domestic businesses, newly-emerging small businesses, and vast diversification of already existing businesses and players in the market. An overview follows of a few of the areas that are frequently associated with commercial litigation and those that are primarily arising out of this sort of litigation. Continue reading “Sponsored briefing: The road to litigation”
Partners in King & Spalding’s London disputes team discuss their thoughts on some of the current trends and issues within the litigation and international arbitration markets
The disputes market
How has the disputes market changed in the last 20 years?
Continue reading “Sponsored briefing: Insight – The arbitration market”
Richard Harris on the impact of the preoccupation with banking mistakes
History abounds with examples of problems to which a disproportionate solution creates unintended collateral or new problems. Continue reading “Sponsored briefing: Hayne, ASIC, banks, penalties and the price of shifting risk”
Nick Skerrett examines the trend of tax dispute management falling to GCs and tax litigators, as HMRC takes a tougher enforcement stance
Tax used to be an area where lawyers feared to tread. That has changed dramatically as the environment for resolution of tax disputes has evolved over recent years. We are seeing a growing trend of the management of tax disputes shifting out of the tax department and onto the desks of general or litigation counsel. In parallel, board-level scrutiny and engagement, and responsibility, have increased. This change to managing tax disputes as an area of legal risk, set against a backdrop of increasing complexity and scrutiny, raises new challenges. Continue reading “Sponsored briefing: The taxman cometh – What GCs need to know”
Gilbert + Tobin is the firm of choice when the stakes are high. The disputes and investigations team at Gilbert + Tobin specialises in assisting clients to navigate complex and significant contentious issues. We work closely with our clients to develop an approach best suited to achieving their objectives and the protection of their interests. We understand that litigation should always be a last resort but, where necessary, needs to be handled strategically and commercially and with jealous regard to your reputation.
Our lawyers have been and continue to be involved in Australia’s most high-profile commercial disputes, litigation, investigations and inquiries. Clients come to us for our sophisticated and strategic litigation and dispute resolution services across a broad range of legal areas. We work closely with clients to deliver focused, timely and cost-effective solutions. Continue reading “Sponsored firm profile: Gilbert + Tobin”
Engaging Simmons & Simmons tax is different. We have deep strategic expertise and the experience to create a bespoke solution that works for all stages of tax disputes, from the first call from the tax authority through to litigation in the most senior courts.
Simmons & Simmons has one of the strongest contentious tax practices in the market, specialising in complex, high-value tax disputes. We are one of very few law firms to have a truly dedicated contentious tax practice, with partners and associates entirely focused on tax litigation and disputes and the only large law firm genuinely able to blend accountancy, economics and legal expertise on tax disputes. We are proud of our reputation for excellence and are committed to getting results for our clients in their most complex matters. Continue reading “Sponsored firm profile: Simmons & Simmons”
Simon Kerry asks whether front loading case management is effective in resolving cases and looks at the forthcoming Disclosure Pilot
In recent years, reforms of the Civil Procedure Rules have focused on ‘front loading’ case management. In particular, for larger and more complex cases, planning phases have been established to set parameters within which the case will be conducted. Continue reading “Sponsored briefing: The full-frontal approach”
Francesca Richmond discusses recent developments in EU competition litigation
Litigation of claims to recover cartel damage is now a standard consideration when assessing risk across jurisdictions and setting corporate strategy. It is questionable whether the increase in claim activity reflects a trend to recovery for consumers and business, or simply demonstrates exploitation of opportunity by claimant law firms and funders. However, the fact remains that the volume and scale of litigation on competition issues demands strategic weight and attention. Continue reading “Sponsored briefing: The future of competition and consumer litigation – a brave new world?”