Definitive global law guides offering comparative analysis from top-ranked lawyers
INTRODUCTION | 5 |
Contributed by Thiago Jabor Pinheiro, Rômulo Silveira da Rocha Sampaio and Lucas Guimarães Ribeiro, Mattos Filho | 5 |
AUSTRALIA | 11 |
Trends and Developments | 11 |
Contributed by Herbert Smith Freehills | 11 |
BRAZIL | 20 |
Law and Practice | 20 |
Contributed by Bermudes Advogados | 20 |
Trends and Developments | 38 |
Contributed by Bermudes Advogados | 38 |
DENMARK | 43 |
Law and Practice | 43 |
Contributed by Gorrissen Federspiel | 43 |
FRANCE | 54 |
Law and Practice | 54 |
Contributed by Gide Loyrette Nouel | 54 |
GERMANY | 77 |
Law and Practice | 77 |
Contributed by Noerr | 77 |
Trends and Developments | 102 |
Contributed by Noerr | 102 |
NORWAY | 109 |
Law and Practice | 109 |
Contributed by Wikborg Rein Advokatfirma AS | 109 |
UK | 127 |
Law and Practice | 127 |
Contributed by Freshfields | 127 |
USA | 149 |
Law and Practice | 149 |
Contributed by FGS Global | 149 |
Trends and Developments | 165 |
Contributed by FGS Global | 165 |
USA – ILLINOIS | 173 |
Trends and Developments | 173 |
Contributed by FTI Consulting, Inc. | 173 |
USA – NEW YORK | 179 |
Trends and Developments | 179 |
Contributed by FTI Consulting, Inc. | 179 |
USA – WASHINGTON D.C. | 186 |
Trends and Developments | 186 |
Contributed by FTI Consulting | 186 |
1. Market Overview | 23 |
1.1 Market Comparison | 23 |
1.2 Key Sectors Impacted by Crises | 23 |
1.3 Post-Crisis M&A | 23 |
2. National Legal Framework | 23 |
2.1 Legal Framework | 23 |
2.2 Expected Legal Updates | 24 |
2.3 Government Role | 24 |
2.4 Independent Oversight | 24 |
2.5 Transparency Requirements | 25 |
2.6 Sectorial Requirements | 25 |
2.7 Public-Private Co-Operation | 25 |
2.8 National Crisis Management Plan | 25 |
2.9 Inter-Agency Co-Operation | 25 |
3. Corporate Crisis Management | 25 |
3.1 Crisis Management Plans | 25 |
3.2 Internal Governance | 26 |
3.3 Crisis Committees: Composition and Attributes | 26 |
3.4 Crisis Management Team | 27 |
3.5 External Advisory | 28 |
3.6 Assessing Crisis Management Success | 28 |
4. Managing and Preventing Crises | 28 |
4.1 Identifying a Crisis | 28 |
4.2 Planning | 29 |
4.3 Risk Assessment and Mitigation | 29 |
4.4 Crisis Simulation | 30 |
4.5 Training | 30 |
4.6 Policies and Procedures | 30 |
5. Legal Strategy | 31 |
5.1 Legal Challenges | 31 |
5.2 Dealing With Enforcement Authorities | 32 |
5.3 Co-Operating With Enforcement Authorities | 32 |
5.4 Litigation Risk Assessment | 32 |
5.5 Involvement of Lawyers | 32 |
5.6 Documentation and Evidence Preservation | 33 |
5.7 Settlements | 33 |
5.8 Insurance | 35 |
5.9 Reputation Management | 35 |
5.10 Mandatory Report | 35 |
6. Communication | 35 |
6.1 Co-Ordination of Communications | 35 |
6.2 Internal Communication | 35 |
6.3 External Communication | 35 |
6.4 Investor Relations | 36 |
6.5 Customer Relations | 36 |
6.6 Communication to Employees | 36 |
6.7 Communication With Affected Parties | 36 |
7. Learning From Past Crises | 37 |
7.1 Post-Crisis Review: Learning Lessons | 37 |
7.2 Policy Update | 37 |
7.3 Effectiveness Measurement and Benchmarking | 37 |
1. Market Overview | 47 |
1.1 Market Comparison | 47 |
1.2 Key Sectors Impacted by Crises | 47 |
1.3 Post-Crisis M&A | 47 |
2. National Legal Framework | 47 |
2.1 Legal Framework | 47 |
2.2 Expected Legal Updates | 48 |
2.3 Government Role | 48 |
2.4 Independent Oversight | 48 |
2.5 Transparency Requirements | 48 |
2.6 Sectorial Requirements | 48 |
2.7 Public-Private Co-Operation | 49 |
2.8 National Crisis Management Plan | 49 |
2.9 Inter-Agency Co-Operation | 49 |
3. Corporate Crisis Management | 49 |
3.1 Crisis Management Plans | 49 |
3.2 Internal Governance | 49 |
3.3 Crisis Committees: Composition and Attributes | 49 |
3.4 Crisis Management Team | 50 |
3.5 External Advisory | 50 |
3.6 Assessing Crisis Management Success | 50 |
4. Managing and Preventing Crises | 50 |
4.1 Identifying a Crisis | 50 |
4.2 Planning | 50 |
4.3 Risk Assessment and Mitigation | 50 |
4.4 Crisis Simulation | 50 |
4.5 Training | 50 |
4.6 Policies and Procedures | 50 |
5. Legal Strategy | 50 |
5.1 Legal Challenges | 50 |
5.2 Dealing With Enforcement Authorities | 51 |
5.3 Co-Operating With Enforcement Authorities | 51 |
5.4 Litigation Risk Assessment | 51 |
5.5 Involvement of Lawyers | 51 |
5.6 Documentation and Evidence Preservation | 51 |
5.7 Settlements | 51 |
5.8 Insurance | 51 |
5.9 Reputation Management | 51 |
5.10 Mandatory Report | 51 |
6. Communication | 52 |
6.1 Co-Ordination of Communications | 52 |
6.2 Internal Communication | 52 |
6.3 External Communication | 52 |
6.4 Investor Relations | 52 |
6.5 Customer Relations | 52 |
6.6 Communication to Employees | 52 |
6.7 Communication With Affected Parties | 52 |
7. Learning From Past Crises | 52 |
7.1 Post-Crisis Review: Learning Lessons | 52 |
7.2 Policy Update | 53 |
7.3 Effectiveness Measurement and Benchmarking | 53 |
1. Market Overview | 58 |
1.1 Market Comparison | 58 |
1.2 Key Sectors Impacted by Crises | 58 |
1.3 Post-Crisis M&A | 59 |
2. National Legal Framework | 59 |
2.1 Legal Framework | 59 |
2.2 Expected Legal Updates | 59 |
2.3 Government Role | 60 |
2.4 Independent Oversight | 60 |
2.5 Transparency Requirements | 60 |
2.6 Sectorial Requirements | 61 |
2.7 Public-Private Co-Operation | 61 |
2.8 National Crisis Management Plan | 61 |
2.9 Inter-Agency Co-Operation | 62 |
3. Corporate Crisis Management | 62 |
3.1 Crisis Management Plans | 62 |
3.2 Internal Governance | 62 |
3.3 Crisis Committees: Composition and Attributes | 63 |
3.4 Crisis Management Team | 63 |
3.5 External Advisory | 64 |
3.6 Assessing Crisis Management Success | 64 |
4. Managing and Preventing Crises | 64 |
4.1 Identifying a Crisis | 64 |
4.2 Planning | 65 |
4.3 Risk Assessment and Mitigation | 65 |
4.4 Crisis Simulation | 66 |
4.5 Training | 66 |
4.6 Policies and Procedures | 67 |
5. Legal Strategy | 67 |
5.1 Legal Challenges | 67 |
5.2 Dealing With Enforcement Authorities | 67 |
5.3 Co-Operating With Enforcement Authorities | 68 |
5.4 Litigation Risk Assessment | 68 |
5.5 Involvement of Lawyers | 69 |
5.6 Documentation and Evidence Preservation | 69 |
5.7 Settlements | 70 |
5.8 Insurance | 70 |
5.9 Reputation Management | 71 |
5.10 Mandatory Report | 71 |
6. Communication | 72 |
6.1 Co-Ordination of Communications | 72 |
6.2 Internal Communication | 72 |
6.3 External Communication | 73 |
6.4 Investor Relations | 73 |
6.5 Customer Relations | 74 |
6.6 Communication to Employees | 74 |
6.7 Communication With Affected Parties | 74 |
7. Learning From Past Crises | 75 |
7.1 Post-Crisis Review: Learning Lessons | 75 |
7.2 Policy Update | 75 |
7.3 Effectiveness Measurement and Benchmarking | 76 |
1. Market Overview | 80 |
1.1 Market Comparison | 80 |
1.2 Key Sectors Impacted by Crises | 81 |
1.3 Post-Crisis M&A | 82 |
2. National Legal Framework | 82 |
2.1 Legal Framework | 82 |
2.2 Expected Legal Updates | 83 |
2.3 Government Role | 83 |
2.4 Independent Oversight | 84 |
2.5 Transparency Requirements | 84 |
2.6 Sectorial Requirements | 85 |
2.7 Public-Private Co-Operation | 85 |
2.8 National Crisis Management Plan | 86 |
2.9 Inter-Agency Co-Operation | 86 |
3. Corporate Crisis Management | 87 |
3.1 Crisis Management Plans | 87 |
3.2 Internal Governance | 88 |
3.3 Crisis Committees: Composition and Attributes | 88 |
3.4 Crisis Management Team | 88 |
3.5 External Advisory | 89 |
3.6 Assessing Crisis Management Success | 89 |
4. Managing and Preventing Crises | 90 |
4.1 Identifying a Crisis | 90 |
4.2 Planning | 90 |
4.3 Risk Assessment and Mitigation | 90 |
4.4 Crisis Simulation | 92 |
4.5 Training | 92 |
4.6 Policies and Procedures | 93 |
5. Legal Strategy | 93 |
5.1 Legal Challenges | 93 |
5.2 Dealing With Enforcement Authorities | 93 |
5.3 Co-Operating With Enforcement Authorities | 94 |
5.4 Litigation Risk Assessment | 94 |
5.5 Involvement of Lawyers | 95 |
5.6 Documentation and Evidence Preservation | 95 |
5.7 Settlements | 96 |
5.8 Insurance | 96 |
5.9 Reputation Management | 96 |
5.10 Mandatory Report | 97 |
6. Communication | 98 |
6.1 Co-Ordination of Communications | 98 |
6.2 Internal Communication | 98 |
6.3 External Communication | 98 |
6.4 Investor Relations | 99 |
6.5 Customer Relations | 99 |
6.6 Communication to Employees | 100 |
6.7 Communication With Affected Parties | 100 |
7. Learning From Past Crises | 100 |
7.1 Post-Crisis Review: Learning Lessons | 100 |
7.2 Policy Update | 101 |
7.3 Effectiveness Measurement and Benchmarking | 101 |
1. Market Overview | 113 |
1.1 Market Comparison | 113 |
1.2 Key Sectors Impacted by Crises | 114 |
1.3 Post-Crisis M&A | 114 |
2. National Legal Framework | 114 |
2.1 Legal Framework | 114 |
2.2 Expected Legal Updates | 115 |
2.3 Government Role | 116 |
2.4 Independent Oversight | 116 |
2.5 Transparency Requirements | 117 |
2.6 Sectorial Requirements | 117 |
2.7 Public-Private Co-Operation | 117 |
2.8 National Crisis Management Plan | 117 |
2.9 Inter-Agency Co-Operation | 118 |
3. Corporate Crisis Management | 118 |
3.1 Crisis Management Plans | 118 |
3.2 Internal Governance | 118 |
3.3 Crisis Committees: Composition and Attributes | 119 |
3.4 Crisis Management Team | 119 |
3.5 External Advisory | 119 |
3.6 Assessing Crisis Management Success | 120 |
4. Managing and Preventing Crises | 120 |
4.1 Identifying a Crisis | 120 |
4.2 Planning | 120 |
4.3 Risk Assessment and Mitigation | 121 |
4.4 Crisis Simulation | 121 |
4.5 Training | 121 |
4.6 Policies and Procedures | 121 |
5. Legal Strategy | 122 |
5.1 Legal Challenges | 122 |
5.2 Dealing With Enforcement Authorities | 122 |
5.3 Co-Operating With Enforcement Authorities | 122 |
5.4 Litigation Risk Assessment | 122 |
5.5 Involvement of Lawyers | 122 |
5.6 Documentation and Evidence Preservation | 123 |
5.7 Settlements | 123 |
5.8 Insurance | 123 |
5.9 Reputation Management | 123 |
5.10 Mandatory Report | 124 |
6. Communication | 124 |
6.1 Co-Ordination of Communications | 124 |
6.2 Internal Communication | 124 |
6.3 External Communication | 124 |
6.4 Investor Relations | 125 |
6.5 Customer Relations | 125 |
6.6 Communication to Employees | 125 |
6.7 Communication With Affected Parties | 125 |
7. Learning From Past Crises | 126 |
7.1 Post-Crisis Review: Learning Lessons | 126 |
7.2 Policy Update | 126 |
7.3 Effectiveness Measurement and Benchmarking | 126 |
1. Market Overview | 131 |
1.1 Market Comparison | 131 |
1.2 Key Sectors Impacted by Crises | 132 |
1.3 Post-Crisis M&A | 133 |
2. National Legal Framework | 134 |
2.1 Legal Framework | 134 |
2.2 Expected Legal Updates | 134 |
2.3 Government Role | 135 |
2.4 Independent Oversight | 135 |
2.5 Transparency Requirements | 135 |
2.6 Sectorial Requirements | 136 |
2.7 Public-Private Co-Operation | 136 |
2.8 National Crisis Management Plan | 136 |
2.9 Inter-Agency Co-Operation | 136 |
3. Corporate Crisis Management | 136 |
3.1 Crisis Management Plans | 136 |
3.2 Internal Governance | 138 |
3.3 Crisis Committees: Composition and Attributes | 138 |
3.4 Crisis Management Team | 139 |
3.5 External Advisory | 139 |
3.6 Assessing Crisis Management Success | 139 |
4. Managing and Preventing Crises | 140 |
4.1 Identifying a Crisis | 140 |
4.2 Planning | 140 |
4.3 Risk Assessment and Mitigation | 140 |
4.4 Crisis Simulation | 141 |
4.5 Training | 141 |
4.6 Policies and Procedures | 142 |
5. Legal Strategy | 142 |
5.1 Legal Challenges | 142 |
5.2 Dealing With Enforcement Authorities | 142 |
5.3 Co-Operating With Enforcement Authorities | 143 |
5.4 Litigation Risk Assessment | 145 |
5.5 Involvement of Lawyers | 145 |
5.6 Documentation and Evidence Preservation | 145 |
5.7 Settlements | 145 |
5.8 Insurance | 146 |
5.9 Reputation Management | 146 |
5.10 Mandatory Report | 146 |
6. Communication | 146 |
6.1 Co-Ordination of Communications | 146 |
6.2 Internal Communication | 146 |
6.3 External Communication | 147 |
6.4 Investor Relations | 147 |
6.5 Customer Relations | 147 |
6.6 Communication to Employees | 147 |
6.7 Communication With Affected Parties | 147 |
7. Learning From Past Crises | 148 |
7.1 Post-Crisis Review: Learning Lessons | 148 |
7.2 Policy Update | 148 |
7.3 Effectiveness Measurement and Benchmarking | 148 |
1. Market Overview | 153 |
1.1 Market Comparison | 153 |
1.2 Key Sectors Impacted by Crises | 153 |
1.3 Post-Crisis M&A | 154 |
2. National Legal Framework | 154 |
2.1 Legal Framework | 154 |
2.2 Expected Legal Updates | 154 |
2.3 Government Role | 154 |
2.4 Independent Oversight | 154 |
2.5 Transparency Requirements | 155 |
2.6 Sectorial Requirements | 155 |
2.7 Public-Private Co-Operation | 155 |
2.8 National Crisis Management Plan | 155 |
2.9 Inter-Agency Co-Operation | 155 |
3. Corporate Crisis Management | 155 |
3.1 Crisis Management Plans | 155 |
3.2 Internal Governance | 156 |
3.3 Crisis Committees: Composition and Attributes | 156 |
3.4 Crisis Management Team | 157 |
3.5 External Advisory | 157 |
3.6 Assessing Crisis Management Success | 157 |
4. Managing and Preventing Crises | 158 |
4.1 Identifying a Crisis | 158 |
4.2 Planning | 158 |
4.3 Risk Assessment and Mitigation | 159 |
4.4 Crisis Simulation | 159 |
4.5 Training | 159 |
4.6 Policies and Procedures | 160 |
5. Legal Strategy | 160 |
5.1 Legal Challenges | 160 |
5.2 Dealing With Enforcement Authorities | 160 |
5.3 Co-Operating With Enforcement Authorities | 160 |
5.4 Litigation Risk Assessment | 160 |
5.5 Involvement of Lawyers | 161 |
5.6 Documentation and Evidence Preservation | 161 |
5.7 Settlements | 161 |
5.8 Insurance | 161 |
5.9 Reputation Management | 161 |
5.10 Mandatory Report | 161 |
6. Communication | 161 |
6.1 Co-Ordination of Communications | 161 |
6.2 Internal Communication | 162 |
6.3 External Communication | 162 |
6.4 Investor Relations | 162 |
6.5 Customer Relations | 162 |
6.6 Communication to Employees | 163 |
6.7 Communication With Affected Parties | 163 |
7. Learning From Past Crises | 163 |
7.1 Post-Crisis Review: Learning Lessons | 163 |
7.2 Policy Update | 163 |
7.3 Effectiveness Measurement and Benchmarking | 164 |
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