21 Apr 2016

CU LAB: Trends in commercial litigation

Businesses should always be ready for litigation against them, but some trends are making certain types more likely.

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Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.

TRANSCRIPT

What we're seeing a lot of is clients increasingly coming to us for assistance and advice on large-scale investigations and high-end corporate disputes. We're seeing a lot of work in the shareholder class action space and the product recall space and very complicated corporate and banking dispute work. Increasingly clients are also seeking our advice on large-scale regulatory disputes and internal fraud disputes and that's across a range of areas including the ACCC, cartel work, ASIC (in particular market misconduct and financial services), retail disputes and in the foreign corruption space.

Clients are looking to us for smart lawyers who can come up with smart solutions to help them navigate their way through these often complex investigations. There are a myriad of issues to deal with, including witnesses and employees and documents and, at the core, trying to avoid and get the client out of a dispute with the regulator.

What we're also seeing is clients increasingly requiring us to co-ordinate internationally. Multinational clients are calling upon us to liaise with their headquarters in Europe and in the US and in the UK and increasingly co-ordinate with offshore law firms. These are global disputes and clients really need a co-ordinated global response, and they're the trends we're seeing.