Focusing on the difficult strategic decisions companies must face when an incident leads to multiple legal proceedings and/or enforcement actions.
Discovering wrongdoing or misconduct within a business can have wide-ranging consequences. It may trigger the interest of a regulatory or criminal enforcement authority (domestic or overseas), as well as providing a basis for civil claims from injured parties (including competitors, shareholders, and employees) and, in some circumstances, even private prosecution action.
Investigations or proceedings increasingly run in parallel, or in close succession. This can create real difficulties for a company mounting a defence.
Discover some of the key issues and determining factors:
Understanding the unique scenario of each set of parallel proceedings increases the likelihood of a successful outcome.
We outline - from the perspective of a corporate defendant - the key issues and themes, including:
- how to assess and manage the interplay of issues common to multiple proceedings
- practical steps for mitigating risks that arise
- salient points of law from recent cases.
The route to a solution is rarely straightforward and Simmons & Simmons’ series on Parallel Proceedings aims to bring direction and structure to approaching these challenges.
Ian Hammond, Partner
We recognise that every situation is unique. A client’s chosen strategy in responding to parallel proceedings will depend on its specific priorities, as well as the nature and timing of the proceedings and the degree of overlap between them. However, there are many issues that regularly arise in this context on which we can offer guidance based on our collective expertise and prior experience.
This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.