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Business crisis management

Our specialists provide a comprehensive, international service and multidisciplinary advice across all key business areas of concern to our clients.

We combine an in-depth understanding of our clients' businesses with expertise in crisis management and regulatory actions. We work with world-leading experts to assist our clients in times of crisis.

A crisis threatening a person or company reputation can come without warning. Business crisis management in the 21st century must be fast, agile and expert. Businesses are responding to issues in real time with the potential for intense media exposure, cross-border regulatory action and large fines, as well as fines and / or imprisonment for officers and directors.

Business crisis management starts with good risk management and mitigation, as well as planning how to manage a crisis should it arise. Emerging legal and regulatory risk horizon scanning is crucial. Having a road map for dealing with a crisis is also vital.

We help clients build robust internal processes for identifying risks and risk management. We also help put appropriate policies and procedures in place for potential risk management scenarios. These include whistleblowing, dawn raid and investigation policies, procedures and training.

We conduct internal investigations, as well as investigations responsive to regulatory or police enquiries. We prepare the necessary reports for boards and regulators and assist with any employment issues that might arise.

Regulatory armouries incrasingly include skilled person reports, requests for mutual assistance, dawn raids, monitorships and DPAs - "judgement sur accord" in Luxembourg - and scheduled on-site inspections by a regulatory body. We help businesses prepare for these, as well as deal with the legal issues that may arise.

Services

Crypto disputes

Our Dispute Resolution team successfully combines market-leading legal expertise with the necessary technical knowledge of crypto assets, including NFTs and cryptocurrencies, to effectively support our clients in this area.

With a strong track record of supporting clients across a range of disputes, our specialists work closely with other Ogier teams with a specialisation in crypto to provide an end-to-end service.

Learn more on our dedicated Crypto Disputes page.

Dawn raids and requests for Mutual Legal Assistance

We train businesses for police and regulatory dawn raid management. We have experience in dawn raids and dawn raid policy writing and training. We have prepared and managed dawn raids for clients in the financial services sector.

Enforcement

We can represent clients in Jersey in Guernsey to seek deferred prosecution agreements. There are financial and criminal intelligence and enforcement bodies in each of our Ogier jurisdictions and we have extensive experience in each of them in representing our clients in respect to preliminary investigations and enforcement actions brought against them.

It is crucial to have an experienced team who know the regulatory environment as well as understanding the business you do in order to achieve the best out come of any enforcement action. Ogier has that experience and knowledge.

Learn more on our dedicated Enforcement of Judgments and Awards page.

Fraud

We assist clients to develop fraud risk management tool kits, deliver training and deal with the fall out of small and large-scale fraud. Bringing with us a wealth of knowledge from in-house roles and private practice, we help our clients to shore up their defences, systems and controls, and raise internal awareness to combat fraud.

Whether perpetrated by employees, suppliers, or third-party bad actors breaching fraud controls, we assist out clients to investigate, mitigate and recovery monies, to liaise with regulatory bodies, the media and the police.

There is increasing regulatory focus on fraud and the management of the risk of fraud. Fraud undermines the confidence of customers, clients, industry and causes harm to the balance sheet of businesses.

Investigations

Guiding you through your international regulatory enforcement and white collar challenges, our teams of experts have the requisite skill and experience to help you manage significant legal, commercial and reputational risks that can arise from both internal whistleblowing and externally catalysts such as suppliers, regulators and the police.

Learn more on our dedicated Investigations page.

Onsite inspections

We help businesses prepare regulatory risk assessments, answers to preliminary questionnaires, board reports and for file inspections. We can also run mock interviews and inspections so you are best prepared for any scenario.

While most inspections are announced and would not strictly be considered a crisis, they can still catch businesses off guard. While these are fairly common for fund managers and fiduciary service companies, they still require considerable preparation.

Whistleblowing risk management

We help our clients build and manage fair and transparent whistleblowing programs, run internal investigations and provide independent fact finding services, as well as opinions on legal exposure.

We assist in developing whistleblowing policies and procedures and work with third-party companies to put legally compliant programs in place. This includes communications programs to raise awareness of, and confidence in, the process. We also assist with managing and reporting whistleblowing investigations.

The EU directive on whistleblowing and the financial regulatory bodies in all our jurisdictions dictate that our key finance services clients have whistleblowing programs in place. This involves navigating whistleblowing legislation, as well as employee relations and GDPR.

Whistleblowing is increasingly common from employees, suppliers and customers and it is in the interests of a company for issues to be raised and managed through internal mechanisms, rather than directly to the press, regulatory bodies or the police. For this to be the case, employees and third parties need to trust the whistleblowing program in question.