Risk Analysis & Asset Recovery

Rasco Klock has decades of dispute resolution successes whether in a courtroom, before an arbitration panel, or as the result of settlement negotiations. We are uniquely qualified to assess risks for commercial entities, especially those in the financial sector. With a thorough understanding of our clients’ business, products, competition, and markets, our firm is able to “look over the horizon” in performing assessments for our clients. The assessment process is usually twofold: first, a prophylactic assessment of risks that are probable and recommendations for insulation such as insurance, contractual indemnification and carefully crafted dispute resolution provisions in transactional documents; and second, an analysis of risks that may be strategically avoided, which can involve regulatory compliance, shareholder accountability, internal policy transparency or corporate governance and oversight. Targeted concerns usually requiring risk assessment are: the market, the competition, sovereign government stability, corruption, the existence and status of a rule of law, regulations and issues of compliance, the extant economy, the geographical and political ‘neighborhood’, and overall ROI.

Commercial entities, especially those in the financial sector and often, those with global operations, may realize, usually accidently or as the result of an audit, that assets have been misappropriated, stolen or are simply unaccounted for. Our attorneys are experienced in working with forensic accounting experts and investigators to discover how and by whom the assets were removed and, most importantly, their current location and a process for their recovery. Early in the process, any insurer whose coverage may apply will be notified of the occurrence and steps being taken to restore the loss and the efforts of the client through coordination. Clients for whom our attorneys have pursued and recovered purloined assets include a large Caribbean commercial bank, a Hong Kong investment bank, a major business conglomerate in the Dominican Republic and a sovereign government in the Middle East.

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