Some commercial disputes or regulatory violations carry potential criminal exposure, such as commercial fraud, bounced checks, or breach of specific regulated sector obligations. The focus here stays on the business context, and on board members and officials who may face exposure connected to how the business is actually run.
A few situations come up repeatedly. A company that received a bounced check from a commercial counterparty and needs its position assessed before filing a formal report. A board that receives formal notice indicating potential criminal exposure for one of its members. A company reviewing its commercial contracts for a clause that might carry unintended criminal exposure. Or two parties in a commercial dispute with a criminal dimension who need the civil and criminal tracks coordinated together.
When a commercial dispute carries a criminal dimension, the timing and sequencing between the civil and criminal tracks matters greatly, since the wrong order can weaken the position on the civil side. We review both dimensions together rather than handling each in isolation. These matters are priced individually given the varying degree of risk, and typically begin with a confidential case assessment before any scope or fee is proposed.
If you're a board member or officer who has received formal notice indicating potential disciplinary action, the timing of engaging a lawyer matters greatly, since early engagement generally preserves more options than waiting until formal proceedings begin. We work in close coordination with the client's civil counsel when a matter has a dual dimension, since a statement in a civil filing may carry unintended criminal consequences if the two tracks aren't coordinated by the same team.
Confidentiality matters particularly in this area, and we structure initial consultations to protect legal privilege from the very first conversation, not just once formal representation begins.
We advise companies on reviewing their commercial contracts proactively for any clause that might carry unintended criminal exposure, before signing rather than after a problem occurs.
We track any developments to anti-money laundering regulations closely and their effect on disclosure obligations for companies in certain sectors, and keep clients informed of anything relevant to them specifically. When an investigation expands to include specific individuals within a company, that matter connects directly with our white-collar and corporate crime service, and reviewing a board's internal compliance program deserves a parallel look under our corporate governance service.