The dispute practice focuses on anti- fraud, anti – corruption and asset recovery actions that may be domestic or cross border in nature. For cross border disputes we have proven expertise in the selection and management of local legal counsel across a number of jurisdictions. The dispute practice offers the following litigation and litigation related services.
- Litigation – We can conduct litigation on behalf of clients however our primary focus is on corruption, fraud and asset recovery actions.
- Litigation Support : Litigation support services can include the formulation of a “Case Theory/Claim” based on applicable legislation and the relevant fact set; the review of “discovery” materials in order to identify evidence of wrongdoing to support the Case Theory/Claim; identify witnesses (both fact and expert); participate in the deposition of parties and witnesses; and, based on deposition transcripts and evidence, the formulation of witness outlines for counsel (in the relevant jurisdiction) to support and further the Case Theory/Claim at trial. The above can be done in conjunction with or in support of local counsel as applicable. Furthermore, we can assist with the selection and management of local counsel for cross-border disputes as necessary.
- Litigation Finance: Litigation finance services include the assessment of the case and based on said assessment, the formulation of a litigation plan and litigation budget. These are then presented to funds that specialize in litigation finance for consideration. If a fund offers to finance a client’s claim, we can negotiate the funding documentation and terms of said funding on behalf of the client.
- Intelligence Gathering: Our intelligence gathering services comprises both digital searches and human intelligence tactics, techniques and procedures including target and site surveillance. In relation to disputes our intelligence gathering will be focused on the following primary areas:
1. gathering information and / or evidence to assess if a claim actually exists;
2. the assessment of information from other sources;
3. the identification of parties that are related to and / or involved in the matter and the gathering of background information on said parties; and
4. the gathering of evidence that supports the claim in such a manner that said evidence can be used at trial or during mediation. Our intelligence gathering services can also be deployed during pre acquisition due diligence, investigating key contract counterparties and asset tracing/recovery.
Our intelligence gathering activities are always managed by a senior lawyer.
