Commercial Risk Advisory

Contract Risk Advisory
 

Third-party Due Diligence

Our contractual risks focus areas include:

  • Tenant turnover reviews for shopping centers

  • Media expenditures reviews (including media and creative agencies)

  • Distributor operational reviews

  • Profit & loss calculations for partnerships

We help our clients assess the compliance of the direct and indirect transfer of values made by their agents and third parties taking local, international, and company-specific Anti-Bribery & Corruption rules and regulations into account.

We advise on the design of a risk-based compliance monitoring program to drive a consistent compliance monitoring approach across global operations, increasing the transparency in findings and clarifying accountability for remediation. Using data-analytic techniques to assist the testing program allows our clients to focus on high risk and identify unusual transactions to test for compliance monitoring.

Litigation, Arbitration, and M&A:
Quantification of Losses

We help our clients for the identification and quantification of financial losses they suffered, supported by accounting-based evidence.

Services we provide include:

  • Assessment of quantum to support client's commercial and legal strategies

  • Identification of key arguments, based on the available financial and commercial evidence

  • Calculation of financial losses or assessment of existing work

  • Preparation of expert witness & special review reports

  • Support for the settlement negotiations & mediation

  • Oral testimony

  • Preparation for hearings and the cross-examination of witnesses

Areas we focus on include:

  • Breach of commercial contracts

  • Breach of Share Sale and Purchase Agreements in relation to mergers and acquisitions

  • Portfolio compensation

  • White-collar fraud

Business Interruption Claims

Many companies cover their risks for loss of income during periods they cannot conduct business as usual due to unexpected events. Business interruption claims may be triggered by many factors such as fire, flood, or more recently, cyber-attacks. Policyholders are expected to post their claims covering various aspects of their operations. Business interruption claims are one of the most sophisticated insurance calculations due to the ambiguity around expense items that cannot be foreseen at the date of policy drafting.

Supports we provide include:

  • Assessment of quantum to support client's commercial and legal strategies

  • Identification of key arguments, based on the available financial and commercial evidence

  • Calculation of financial losses or assessment of existing work

  • Preparation of expert witness & special review reports

  • Support for the settlement negotiations & mediation

Insurance Fraud

We have experience in assessing insurance claims to identify inconsistencies or red flags of potential attempts of fraud. Companies face more complicated insurance claims due to today’s complex business environment where even unconscious duplication of certain costs items is not very rare.


We help our clients with the assessment of insurance claims to identify intended or unintended irregularities within the claims.

 

Claims we focus on include:

  • Financial / fixed asset / inventory losses arising from fire and machinery breakdown

  • Business interruption