Non-compliance can often be due to a lack of sufficient due diligence, which must include an evaluation of possible risks and how they can be mitigated
The issue of document management raises questions about how law firms and companies can be sure they are ‘not retaining data unduly’ when archiving information
Investors should check the legitimacy of any public contracts awarded, though this can be difficult in jurisdictions where access to public records is restricted or the information held is not reliable
Certain forms of finance can be better suited to certain corporate structures or objectives, and this is something that companies should consider
Perceived risk of decisions being challenged means arbitrators are driven to issuing watertight rulings, but critics says few awards are actually annulled and a bolder approach should be adopted
Motivating and attracting young lawyers – in the face of competition from corporations and hedge funds – can be difficult with the result that the legal sector needs to convince new recruits to buy into its values
Law firm business development departments can help to win clients by identifying potential deals, accompanying lawyers to meetings and obtaining valuable feedback
External legal counsel can be used to test controls and train staff – including IT personnel – on how to prevent risks associated with failing to safeguard information
Comprehensive training for staff will help to minimise risk when a company is the subject of a dawn raid, according to speakers at a recent masterclass hosted by PwC.
Executives in parent companies often reluctant to accept board positions in foreign subsidiaries due to significant risks involved
