Risk & reputation management
Running a business requires courage and involves responsibilities. Legal liability and reputational risks lie in wait. Dutch and international regulations, often of a complex and far-reaching nature, must be taken into account. Integrity and compliance rules must also increasingly be borne in mind.
JahaeRaymakers offers support and assistance in drawing up and assessing rules in the fields of integrity and compliance. We prepare clients for possible media attention, to avoid and limit reputational damage and risks. We give interrogation training and instructions in case of dawn raids. We assess litigation risks and avoid litigation were possible. If litigation is unavoidable, we provide assistance based on our wealth of litigation experience before several judicial authorities in the Netherlands and abroad, in a wide range of proceedings, including asset recovery, wrongful act and preliminary relief proceedings, and complex criminal and related civil and administrative law proceedings.
Internal fraud almost always gives rise not only to reputational damage, but also to significant financial loss for the injured parties or companies involved. The funds fraudulently obtained are often concealed and transferred abroad, whereby complex legal and other schemes are used. (International) asset recovery is the process aimed at recovering those funds for the injured party or parties, for instance by blocking bank accounts or seizing and selling off property and other valuables.
JahaeRaymakers can advise injured parties in such (international) asset recovery processes and can act as central coordinator for the various Dutch and foreign lawyers involved. If internal or other fraud gives rise to a criminal investigation, JahaeRaymakers can also work together with the Dutch and foreign law enforcement agencies involved, if necessary and appropriate.
The court is pre-eminently a lawyer’s domain. Legal action is not an object in itself, but is sometimes unavoidable. JahaeRaymakers’ lawyers are well versed in all aspects of the process: the preparation, the analysis of litigation risks, the correct approach and the right tone of voice. Respectful, but razor-sharp if necessary.
Our litigation experience in the Netherlands varies from the Subdistrict Court to the Supreme Court. A brief hearing in chambers or preliminary relief proceedings sometimes suffice, but clients often have to endure a lengthy litigation process. We always keep an eye out for a fast-track solution, but we litigate, if necessary, until our client has the last word. We have a dynamic international network of reliable, experienced experts to provide specific expertise in non-legal fields. We have broad experience in litigating before the European Court of Justice and in providing assistance in specific actions, such as international dawn raids, depositions and the execution of letters rogatory in various jurisdictions.
Compliance is a catch-all term. JahaeRaymakers focuses on compliance with regard to standards of public law that impact trade and industry and professional practitioners. This particularly involves the regulations aimed at safeguarding corporate governance and avoiding involvement in criminal offences. What constitutes an adequate policy to avoid wrongdoings, corruption or money-laundering and the financing of terrorism? How do you keep your employee sharp? How can they identify red flags and report them to you? How do you deal with these issues in relation to contracting parties? How do you perform a third-party due diligence investigation? Should you take action in response to reports and, if so, what action? Do you have an internal whistleblower arrangement in place? We can help you devise solutions for these and many other compliance issues.
Integrity issues may have major consequences for a person’s position and for a company’s reputation – often even before proceeding on the merits are conducted in court. The legislation in this field regarding companies and financial institutions is theoretical and demanding. The Wet Bibob (Public Administration Probity Screening Act) and regulations regarding Certificates of Good Conduct for natural persons and legal entities, for instance, require the exclusion of any person whose conduct is questionable; the rule of law is becoming increasingly subordinate to these rules.
We take resolute and adequate action in the event of suspicions or findings of internal fraud or integrity issues. We can perform the investigation together with you and, if necessary, together with the forensic and other experts. We can assist you in interviews and advise on the follow-up, while carefully deciding whether it is necessary to inform authorities, amend procedures or take other measures (against employees, for instance).
JahaeRaymakers has gained a wealth of experience in cases involving the art & culture and the media & entertainment sectors. We advise and provide legal assistance, particularly in reputational issues. Cultural institutions and producers frequently request us to help them devise solutions in sensitive matters.
The wrongful act doctrine, developed in case law, demonstrates that judges don’t always adhere to the letter of the law. Punishable acts or actions liable to disciplinary action may also constitute a wrongful act. A criminal conviction may lead to reversal of the burden of proof in civil proceedings. Procedural parties often use (or abuse) a police report or a disciplinary complaint to file substantial civil claims. Our broad experience allows us to see through and anticipate that technique. We regularly assist companies and private individuals that run the risk of being at a stalemate in several procedural games of chess at the same time. If loss is incurred as a result of criminal offences, civil proceedings must sometimes be conducted to claim damages.
Thorough knowledge of the facts is paramount. It allows us to properly assess litigation risks. But our clients should also be prepared for the interaction between questions and answers in an unfamiliar environment. We can train and assist them in that regard, keeping a close eye on our client’s position in the process and the limits that must sometimes be imposed on the sharing of knowledge of the facts.
The same applies to dawn raids. We can practice a mock dawn raid with you, to assess how sound your procedures really are, how your employees respond and where improvements are required.