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|Crisis Response: Calm and Considered Counsel in a Storm
Fraud and Other Dishonest Acts
Victims of fraud must often act quickly to preserve their assets and reputation. We have experience with fraud investigations involving employees, business partners, and third parties. We can guide you right from the outset when fraud is suspected, and work with you to assess the allegations, preserve and evaluate evidence, and interview relevant witnesses.
We also have experience with the complex, and often urgent, litigation required to effectively remedy fraud and other dishonest acts. We can work with you to:
• Freeze – and ultimately recover – assets taken by a wrongdoer.
• Appoint a receiver or other court officer to preserve assets or monitor activity.
• Prevent the destruction of relevant evidence in the possession of third parties, including the wrongdoer.
• Co-ordinate enforcement efforts across multiple jurisdictions.
• Develop plans and policies to prevent re-occurrence.
• Obtain financial recourse through the courts.
Throughout this process, we are guided by the need to maximize recovery for you while minimizing reputational risk or other harm to you.
Investigations – Internal, External and Regulatory
Matters involving potential breaches of securities rules and regulations, fraud or other dishonest acts, workplace misconduct, violence, sexual harassment and assault, or any other concerns arising as a result of the conduct and activities of senior executives, employees, directors or advisors must be handled quickly, objectively and discreetly.
Goodmans securities, fraud, and employment experts will help to identify your risks and assist in the creation of a customized internal response plan and external communication program to help you contain the situation and address it in an efficient and timely manner. We will support you in rolling out your plan and program by training your management team so that, come what may, you can be confident you will be ready.
Whether discovered as a result of a whistleblower, existing internal complaints procedures, an appointed ombudsman, an audit or other external review, a regulatory inquiry, a criminal investigation, or even just by happenstance, your reaction to a crisis, in substance and in process, will be the subject of much scrutiny.
Goodmans Crisis Response TeamGoodmans Crisis Response Team draws on the years of experience of top tier and nationally recognized lawyers who have assisted our clients with respect to a multitude of crises, including fraudulent and other dishonest or inappropriate actions of employees and third parties, cyber breaches, corporate disclosure obligations, product recalls, and regulatory compliance.
We work hand-in-hand with our clients to provide targeted and timely assistance in times of great stress and uncertainty to minimize risks and find opportunities for closure, and when necessary, to take defensive or protective measures.
Our team will guide you through the labyrinth of risks so you can:
• Identify the nature of the crisis.
• Identify potential outcomes, penalties, sanctions, costs and financial and reputational impacts.
• Designate your response team.
• Manage immediate elements, including prevention or mitigation opportunities.
• Establish your message and disseminate it to the intended audience.
• Manage and interact with the various players – internal (directors, officers, employees), external (investors, insurers, suppliers/ customers/counter-parties/partners), regulators and law enforcement officials.
• Determine whether to investigate internally, externally or both and on what scale.
• Consider the extent of public disclosure about your investigation.
• Establish an investigative process that is defensible with a clear mandate and time line.
• Manage the long term elements of any investigation, its deliverables, its consequences, and future implications.
Our team has extensive experience leading and guiding independent response and investigatory teams comprised of legal and non-legal professionals and stakeholders.
We understand the legal and reputational framework in which these investigations operate and how they will be scrutinized after the fact. In addition to providing guidance about the process, we can provide guidance about necessary steps such as:
• Responding to subpoenas and search warrants
• Document preservation
• Critical event time lines
• Witness interviews (within and outside of the organization)
• Decision making
• Disclosure obligations
• Reporting
• Lessons learned and contemplated changes
We are also experienced in managing employee relations and employment obligations, privacy, privilege, confidentiality, and regulatory considerations and working with other members of the crisis management team locally and in multiple jurisdictions.
Cyber Breach
A cyber breach is often a type of crisis that an organization has not faced before. Goodmans provides a measured and time-sensitive response balancing legal, regulatory, public relations, and operational considerations. We have helped many organizations address a variety of breaches of their information technology systems, including ransomware attacks, mischief making, the illicit copying or alteration of sensitive data by hackers and disgruntled employees. No two cyber breach situations are alike and we help your organization formulate and implement the best plan for your particular environment.
We apply our multi-faceted expertise to:
• Advise whether the authorities must be notified of the breach and other evolving legal requirements.
• Explore any cross-border issues.
• Address contractual obligations and risks, including with respect to confidential information and intellectual property.
• Work with public relations professionals to balance legal and public relations risks.
• Interface with regulators and the police.
• Deal with any resulting litigation, including class-actions.
• Address the applicability of insurance.
• Advise concerning the liability of directors and officers.
• Assist you to minimize future breach incidents.
A key aspect is to work with your other advisors in the public relations and technology fields so that you obtain a multi-disciplinary solution from best-in-class advisors.
Recalls and Other Product Liability Issues
When you discover a problem with your product, Goodmans’ product recall and regulatory compliance experts are ready to:
• Advise on your legal and regulatory obligations, whether a product recall is required, who you need to inform and how to effectively do so to minimize your legal risk.
• Assist with important inputs to be factored into your decision making regarding voluntary recalls.
• Determine which regulatory framework applies to your specific situation and liaise with applicable regulatory bodies on your behalf.
• Navigate the complexities associated with the regulation of specific sectors, such as automotive, food and drug, hazardous products, consumer products, pest control products and natural health products.
• Undertake a confidential risk analysis and assist in creating a customized internal response plan and external communication program, to ensure the situation is properly contained and addressed in an efficient and timely manner.
• Work with you to assist in your assessment of available insurance coverage for different types of costs and expenses and/or follow- on claims.
We can also assist in advance planning so that you have systems and procedures in place to deal with these types of situations before they happen.
Corporate Disclosure Obligations
Goodmans has the bench strength of an established corporate and securities group to provide you with real-time advice about your corporate disclosure obligations.
Whatever the underlying cause of your situation, you will have the benefit of experienced counsel to guide you through any difficult judgments and decisions your organization may have to make about the timing and content of any public disclosures.
Litigation Expertise
The litigation group at Goodmans is known for its creativity and practical approach to problem solving and litigating and will be available to assist in any litigation or regulatory fall out. However, our primary and initial focus will be on containment and avoidance.
Peter Ruby [email protected] 416.597.4184
Mark Dunn [email protected] 416.849.6895
Jessica Kimmel [email protected] 416.597.4219
Lauren Butti [email protected] 416.597.6259
Adrian Ishak [email protected] 416.597.4102
Key Contacts When a crisis hits, email [email protected] or contact:
Monique McAlister [email protected] 416.597.4255
