360 Degree Solutions
Kaye Scholer lawyers bring decades of experience helping clients prepare for, avoid and manage a wide range of corporate crises involving legal, business, consumer, shareholder and public relations issues. Our goal is to help our clients avoid crises. However, when a crisis hits, we develop strategies—using a “brain trust” approach—to manage it. We deliver to our clients prompt, sophisticated and multi-dimensional strategic guidance designed to limit legal and business risk, effectively remediate problems, and minimize reputational and collateral damage to the company.
Counseling & Preparedness
Crises manifest themselves in different ways and are rarely one-dimensional. They can threaten a company’s existence or, at the very least, consume its attention and resources for many months or even years. Our collective experience shows that the best way to avoid or limit a major crisis is to prepare for it and to seek counsel early. Our lawyers regularly counsel clients on how best to avert or mitigate a crisis, advise on fundamental governance and compliance principles, conduct early risk assessments, and develop proactive crisis management plans to help companies prepare for the worst.
Our greatest successes are achieved in helping clients avert a major crisis. When crises do occur, our team works closely with boards of directors, special committees and senior company leadership to help them quickly assess and evaluate the underlying cause(s) of the crisis, the possible direct and collateral consequences, and response strategies.
We know that in a world of instantaneous global communication, intense competition, increased government enforcement activity, and regulatory, legislative, shareholder and media scrutiny, the company’s initial response will forever set the tone. Maintaining credibility is critical. Companies that can nimbly and effectively anticipate and address issues as they arise fare much better than those which do not.
Our team has extensive experience navigating a wide range of crises. We leverage our experience to anticipate and proactively manage our client’s most significant and complex business, legal and reputational problems. We understand the success of any legal and business strategy depends on an integral communications strategy to respond to allegations or criticisms and to protect the company’s brand. Working with our clients, we draw on an experienced team of lawyers and, as necessary, external advisors and consultants, to develop 360 degree solutions. All matters are handled with the utmost discretion and sensitivity to our clients’ needs.
Our collective crises prevention and management experience covers a wide range of issues, industries, markets, and business enterprises. It includes representations involving:
- Misconduct allegations or whistleblower claims that could result in government investigations or criminal, civil and administrative liability in the US and abroad
- Shareholder derivative or class action lawsuits
- Financial disclosures and restatements that may significantly impair a company’s balance sheet and borrowing capabilities
- Alleged accounting improprieties and irregularities, including internal control issues
- Board governance issues and potential breaches of fiduciary duties
- Patent infringement claims, trade secrets, data security breaches, the loss or inadvertent release of proprietary or confidential information
- Safety issues regarding marketed products
- Product recalls, product liability and toxic torts
- Financial and business restructuring
- Risk of suspension, debarment or exclusion from business opportunities
- Congressional inquiries or investigations
- Legislation that may limit a company’s ability to conduct business
- Sexual harassment or employment discrimination claims involving management
- Termination, removal or resignation of key executives or Board members
In the Market
- 6 Tips for Building Stronger Compliance Foundations January 15, 2015 • Articles
- Sebastian Jungermann to Speak at KPMG Networking Roundtable Law Firms on International Antitrust Issues November 2013 • Speaking Engagements
- Z Scott, Alan Salpeter and Diane Frankle Present to the North Shore General Counsel Association on Crisis Management June 19, 2013 • Speaking Engagements
- Breakthroughs Now Available May 2013 • Reports / Newsletters
- Diane Holt Frankle to Speak at Corporate Directors Forum in San Diego February 7, 2013 • Speaking Engagements
- Partner Amy Conway-Hatcher is featured in two videos discussing trends in FCPA and other white-collar regulatory issues January 24 • Media Mentions
- Diane Holt Frankle to Moderate Discussion on Board of Directors in Crisis Management January 24, 2013 • Speaking Engagements
- Kaye Scholer to Co-Host Crisis Management Event in Palo Alto November 13, 2012 • Seminars
- Amy Conway-Hatcher and Alan Salpeter to present corporate crisis management skills to AdvaMed October 24, 2012 • Speaking Engagements