Litigation, rather than being seen as a cost-related risk, can represent a risk which is mastered.
Without experts who understand the relevant law as well as finance, investment firms may feel unable to price litigation-related risk. DIAMETIS can provide constructive help in litigation avoidance and risk management strategies as well as handling any ongoing court case.
With entrepreneurial logic, litigation risks can and should be anticipated. As litigation is becoming more commonplace, businesses and professionals require innovative tools guaranteeing success in conflict management and enhancing profitability.
This is so regarding both civil and criminal litigation that companies, their directors, employees and market professionals may face.
DIAMETIS has designed a comprehensive legal strategy :
• Audits and flow charts of legal risk.
• Securing a network for negotiation and approval of contracts.
• Creating or optimising legal shields (powers of attorney, ring-fencing, liability guarantees).
• Optimising contracts: incorporating clauses to minimise or eliminate the risks of litigation (mediation and/or conciliation, geographic localisation, jurisdictional clauses – courts, institutional arbitration or ad hoc dispute resolution - limitation of liability clauses, penalty clauses, reservation of title clauses).
• Compliance: efficient internal monitoring, professional ethics, protection of directors, information from company bodies; Raising awareness of legal risks within the business, developing reflexes for gathering evidence relating to the negotiation and performance of contracts.
• Post-acquisition monitoring: guarantees for assets and liabilities, non-competition clauses.
• Analysis of the chances of success, collecting evidence and proving loss or damage.
• Management of pre-litigation tensions to neutralise disputes and/or fully prepare for litigation (whether pursuing or defending the claim).
• Preparation for scenarios of police custody, interviews and interrogations.
• Pre-litigation negotiations.
• Organisation of emergency measures: statements, writs of attachment, applications for expert-appointments, evidential matters, provisional payment orders.
• Assessment of whether to file a criminal complaint or a civil summons.
• Assisting with police custody and all aspects of a criminal procedure.
• Assisting during investigations or inspections by regulators, representing clients during "visits" and interviews and thereafter, in the course of prosecutions and hearings.
• Negotiation of administrative settlements.
• Representing clients before civil, criminal and disciplinary jurisdictions.
• Amicable resolution of disputes (mediation, settlements, administrative settlements).
• Management of the judicial process (deadlines, interlocutory proceedings, intervention of third parties).
• Drafting court and litigation documents.
• Advocacy and supervision of the execution of decisions.