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Perspectives

COVID-19: Legal department considerations

Mitigate potential fraud and risk with forensic preparedness

Companies across many industries are facing increased legal, operational, and financial risks due to the pandemic and the resulting economic impacts. We are helping in-house counsel as they navigate these uncertain times and assist in their efforts to manage and mitigate risks and potential resulting damages. This page includes perspectives to help legal departments face these challenges and remain resilient.

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    Discovery and data management

    Discovery and data management

    Discovery and data management

    Discovery and data management

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    Responding to allegations of fraud, waste, and abuse

    Responding to allegations of fraud, waste, and abuse

    Responding to allegations of fraud, waste, and abuse

    Responding to allegations of fraud, waste, and abuse

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    Proactively detecting fraud, waste, and abuse

    Proactively detecting fraud, waste, and abuse

    Proactively detecting fraud, waste, and abuse

    Proactively detecting fraud, waste, and abuse

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    Financial matters and claims management

    Financial matters and claims management

    Financial matters and claims management

    Financial matters and claims management

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    Litigation support

    Litigation support

    Litigation support

    Litigation support

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    Navigating the regulatory and compliance landscape

    Navigating the regulatory and compliance landscape

    Navigating the regulatory and compliance landscape

    Navigating the regulatory and compliance landscape

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    View our 5x5s for quick actions you can take to navigate the legal landscape

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    COVID-19 remote investigation strategies
    Beyond the physical and emotional tolls of COVID-19, the disruptions to business and changes to public policy, unfortunately, present a greater risk for fraudulent or corrupt behavior, which may result in an increased need for investigations. Adding to the complexity of the investigative process are social distancing requirements that make physical interactions challenging for the foreseeable future. Explore strategies to help you productively continue or initiate internal investigations in the current environment.
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    Contract analytics
    Whether it’s your business, your supplier’s business, or your customer’s business, the disruption caused by COVID-19 is putting a strain on commercial relationships and increases the risk of failing to meet contractual obligations. Explore five actions organizations can take to manage their high-risk contracts in the current environment.
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    Litigation readiness for CARES
    Under the CARES Act, banks made billions of dollars in loans to help businesses cover expenses during the COVID-19 crisis. Explore five actions financial services organizations can take to prepare for potential litigation.
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    Program integrity
    In the wake of COVID-19, the volume of payments has increased exponentially. That, combined with relaxed internal controls to increase the speed of payments, is opening the door to new risks. Explore five actions you can take today to enhance your program integrity efforts during this time of crisis.
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    Regulatory and litigation impacts

    COVID-19 has significantly impacted the global economy, creating more risks, threats, and uncertainties for organizations to navigate.

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    Effectively and Efficiently Conducting Remote Investigations

    Read more about our ten step investigations process that effectively and efficiently captures, synthesizes, and analyzes important data and findings.

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    Strategic considerations for buy-sell agreements in the COVID-19 era

    Buy-sell agreements often include a purchase price adjustment mechanism based on the difference between closing working capital and a target level of working capital. Disputes frequently result when closing working capital differs substantially from the target.

    The financial uncertainty due to the impact of COVID-19 has left many companies with significant changes to the amount and composition of working capital. With the continued unpredictability of financial performance due to COVID-19, companies who are engaged or are planning to engage in buy-sell agreements should consider the following potential increased risks related to COVID-19 that could affect working capital adjustments.

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    Financial statement fraud

    The financial impact of COVID-19 will likely put pressure on corporations’ financial results and present potential challenges for individual employees. This pressure may increase the temptation for individuals to engage in improper acts in order to address their immediate financial needs or resort to financial statement manipulation to meet stakeholder expectations.

    This article discusses risks organizations should consider related to financial statement fraud.

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    Conducting investigations remotely during times of uncertainty

    Companies are facing significant operational, financial, and strategic challenges as a result of the coronavirus (COVID-19) breakout. Lower revenues will likely result in budget modifications, with funding allocated to those parts of the business deemed critical to meet current and near-term operations.

    This piece discusses conducting effective remote investigations during times of uncertainty.

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    Insider trading risk

    Recent accusations of stock dumping raise questions about whether those made privy to nonpublic material information during times of crisis have placed their personal financial interests ahead of those of the investing public or their companies, potentially violating insider trading laws.

    This perspective discusses insider trading in the wake of the pandemic and key considerations for boards and audit committees.

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    Contract review and evaluation

    The coronavirus pandemic has disrupted business transactions and relationships in virtually all industries and across most geographies. The specific obligations related to those transactions and relationships are typically detailed in contracts with customers, suppliers, service providers, lessors and lessees, supply chain and sales channel partners, creditors, borrowers, and other parties.

    This installment highlights considerations arising around clauses in contracts and the associated risks on both the buy side and sell side, and suggests ways to identify those risks.

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    Unlocking the power of data

    What is it about an economic crisis that causes organizations to become more vulnerable to fraud? Factors such as financial pressure to meet earnings expectations, employees who feel the need to protect the company or themselves, and gaps in controls resulting from decisions the business has been forced to make many contribute to increased fraud risk.

    This piece will discuss the opportunity for fraud investigators to redefine how they conduct investigations becoming more tech-enabled and relying more heavily on the insights data and analytics can provide.

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    Antitrust risks and considerations

    COVID-19 is causing unprecedented disruptions to businesses and supply chains. The growing crisis has increased the global demand for products, compelling many businesses and competitors to temporarily combine required operations to facilitate production and distribution of COVID-19-related products and services.

    This installment of Forensic Focus on COVID-19 discusses cooperation, collaboration, and information sharing during the crisis.

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    Valuing business insurance claims

    To address the financial impact of COVID-19, organizations are taking initial steps to recover losses, including standing up loss accounting centers; implementing tools to aggregate, analyze, and monitor losses; and developing relief recovery strategies. At this point, those pursuing or expecting insurance reimbursements and other potential sources of funding, such as the Coronavirus Aid, Relief and Economic Security (CARES) Act or government agency programs, should be preparing well-supported loss assessments, as well as claims and relief recovery substantiation.

    This article discusses valuing business insurance claims.

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    Opportunities to enhance compliance programs while working remotely and with reduced budgets

    Companies continue to face significant challenges as a result of the COVID-19 pandemic. Compliance teams, in particular, face specific issues on financial, operational, and strategic fronts.

    Nevertheless, even with challenges such as working from home and with significantly reduced budgets, there are still meaningful opportunities to assess and improve corporate compliance programs.

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    Five insights on COVID-19 and product counterfeiting

    The COVID-19 pandemic has shined a light on a problem already spiraling out of control: product counterfeiting and pirated goods. With counterfeit goods representing more than three percent of world trade, virtually no sector is immune to counterfeiters taking advantage of challenged supply chains.

    The next article in our series looks at how corporations at risk can smartly invest in protecting their brand and customer safety and demonstrate to management that their efforts are not just worth the investment, but in fact adding to and improving the company’s bottom line.

    Get in touch

    Don Fancher
    Global leader, Forensic

    Deloitte Financial Advisory Services LLP
    +1 404 220 1204

    Ed Rial
    Principal

    Deloitte Financial Advisory Services LLP
    +1 212 436 5809

    Chris May
    Principal

    Deloitte Transactions and Business Analytics LLP
    +1 512 498 7408

    Jessica Anderson
    Managing Director
    Deloitte Transactions & Business Analytics LLP
    +1 615 738 3274

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