When a corporate crisis arises, the first phone call a CEO makes will be to their company's GC and legal team. Kingsley Napley is here to support you in the moments of greatest need.
While every crisis is different, all require the full range of a General Counsel’s skillset and mandate: risk management; working with the C-suite; the intersection of legal and compliance; strategic communications; and reputation management. Quite simply, the role of the GC has never been more important, or more complex. We work with our corporate clients and GCs to be better prepared for whatever challenges the future may bring.
For over 85 years Kingsley Napley’s lawyers have enjoyed a reputation for being innovative, creative and sensitive in their approach to complex legal issues, and we have played a central role in many cases which have had a profound impact on our legal system. We bring that expertise and experience to our clients in times of crisis and when it matters most. We combine the support of a full-service multi-disciplinary law firm with the personal touch of an independent, trusted practice.
Our expertise includes the following areas:
Internal Investigations
Where allegations of misconduct arise, an organisation’s response and management of the situation is, more than ever, under the spotlight, and with prosecutors increasingly targeting companies both in the UK and overseas, the stakes are high. Consequences can include significant fines and other penalties, as well as actions against senior individuals.
We regularly conduct investigations on behalf of our corporate clients where allegations arise and support our clients through this process to ensure a robust and thorough review with integrity at its core.
We are highly skilled and experienced in helping our clients manage the risks around law enforcement investigations as smoothly and efficiently as possible. We provide straightforward, pragmatic advice, supporting GCs within our corporate clients to navigate the process, and always with an eye on the commercial considerations.
Fraud and financial crime
If your business is facing a crisis involving fraud or other financial crime the implications can be devastating. Damage to the business and those involved can be irreparable if not dealt with swiftly, and seeking specialist advice quickly and early can often optimise the outcome.
We act for clients in the most complex and challenging situations, covering the full range of fraud and financial crime, and often in multijurisdictional cases.
Our highly experienced lawyers from our criminal defence, investigations, financial services, dispute resolution, employment, and regulatory teams can advise on the strategic, tactical and financial considerations at play. We help our clients achieve the best possible outcome, drawing on our extensive and long-standing experience acting in high profile and complex cases.
Governance and compliance
A company’s corporate governance and compliance arrangements are increasingly under the spotlight, particularly in times of crisis, and the importance of good corporate governance cannot be overstated.
Where allegations of wrongdoing have been made, where there is scrutiny over existing processes, or where advice is needed on policies, procedures and compliance, we can help.
Whistleblowing
Whistleblowing cases often become contentious, with careers, reputations, and integrity at stake. For employers, following the correct policies and procedures is crucial.
We have the resources and expertise to guide clients through the most sensitive whistleblowing investigations and cases. We also advise on whistleblowing policies and procedures, staff training, risk and crisis management, and handling interactions with relevant regulatory bodies.
Sexual Misconduct in the Workplace
Allegations of sexual misconduct pose significant reputational and business risks for organisations, with potentially long-lasting consequences for all parties involved.
We are often instructed to conduct or advise on investigations into allegations of sexual misconduct, whether conducted internally or by external counsel. Our approach ensures that investigations are carried out with sensitivity, independence, efficiency, and fairness.
We also provide guidance through any related civil, criminal, employment, or regulatory proceedings, ensuring comprehensive and strategic support from start to finish.
Employment disputes
Almost every significant decision a company makes requires careful consideration of the relevant employment law implications.. The consequences of failing to manage such situations in line with the relevant rules and best practice can be significant and costly, not only in terms of dealing with lengthy litigation, but also in damage to reputation and goodwill
Our Employment team is one of the largest and most experienced practices in the City and regularly supports GCs’ effective management of the most sensitive and business-critical issues. involving all aspects of the employment relationship.
ESG issues
In recent years, the definition of "good governance" has evolved, with a strong focus on Environmental, Social, and Governance (ESG) issues becoming an integral part of an organisation’s social responsibility. Stakeholders, civil society, and governments now expect businesses to prioritise ESG matters, and legal frameworks are rapidly developing to meet these demands. Our market-leading team offer both proactive and remedial advice, ensuring that clients can effectively navigate the challenges of modern governance.
Regulatory issues
For the approximately 31,000 in-house solicitors in England and Wales, distinct regulatory and ethical challenges often arise that differ from those encountered by their counterparts in private practice. Due to their close ties to business operations, in-house solicitors may find it difficult to balance their regulatory responsibilities with their organisation’s business objectives.
We provide expert guidance to help in-house solicitors navigate the complex regulatory landscape. Our support ensures you fully understand and comply with your professional obligations under the SRA’s Standards and Regulations, all while aligning with your organisation’s values and priorities.
Tax investigations
Our team specialises in bridging the gap between GCs and their tax or finance teams when facing, or anticipating, a tax dispute or investigation. A niche area like this can be mishandled if left solely to one team, but our combined expertise in both tax and legal matters is crucial, especially when significant financial amounts or reputational risks are involved, given HMRC’s often aggressive approach.
We prioritise resolving cases without resorting to litigation whenever possible, with a particular focus on mediation with HMRC. However, if litigation becomes necessary, we have a proven track record of success at all levels of litigation.
Our approach ensures that you are supported throughout the process, reducing risks and finding the most effective resolution for your organisation.
Corporate Disputes
We have the strategic expertise to advise on when and how to litigate and whether alternative means of dispute resolution are appropriate. Seeking external legal support quickly can be key to protecting the company’s interests, minimising the business impact, and resolving disputes at an early stage where possible.
Our expertise includes acting in cases before the civil courts where serious wrongdoing is involved, such as fraud allegations, and in dealing with matters where injunctive relief or other urgent remedies are needed. We also have considerable experience dealing with cross border disputes.
Data Breaches and Cyber Response
Data breaches and cyber-incidents are a fact of corporate life.
Our data and cyber experts can help you navigate the legal, regulatory, PR and commercial ups and downs which can arise during and following such issues. Working seamlessly alongside your existing processes and providers, we also offer training, business continuity planning assistance and cyber resilience testing to prepare your organisation for when the worst happens.
Data Protection
Almost any crisis will involve handling highly sensitive information, from making initial enquiries to preparing a formal report. We will guide you throughout the process of collecting and reviewing relevant information, ensuring you process relevant data in a confidential, secure and proportionate manner, in line with your UK GDPR obligations.
Public Inquiries and statutory reviews
In recent years, the number of public inquiries has increased, bringing heightened scrutiny to both public and private organisations involved in major crises. It is critical in such cases for GCs to have specialist support from lawyers with a proven track record.
Kingsley Napley have acted in most of the UK’s major inquiries in recent years, including complex inquests and other formal reviews. We have extensive experience guiding organisations and their employees through every stage of the process. This includes conducting major disclosure exercises, preparing written evidence, and ensuring readiness for high-stake hearings.
Our expertise lies in managing a diverse range of stakeholders and balancing reputational, professional, and commercial interests with the unique demands of a public inquiry.
Protecting Reputations and Media Advice
How an organisation responds to a crisis goes to the heart of its reputation.
We advise companies and senior management on reputational threats including media and social media coverage, corporate harassment and defamation and privacy considerations in investigations.
We provide advice before a crisis occurs to pre-empt reputational risk, employing creative and highly effective solutions to mitigate damage to our clients’ professional lives and businesses.
And when a crisis does hit, we provide an urgent crisis response service and are highly adept at engaging with the media, social media and the courts at short notice to minimise reputational damage, working in partnership with our renowned criminal, public, regulatory teams to help you through these complex challenges.
Whether you require legal advice to respond to a crisis, inform your business decisions or to provide additional support for your in-house legal team, we are here to assist you. Contact us to discuss how we can provide the legal expertise you need. In addition to specialising in acting for corporate clients in crisis situations, we also provide them with advice and assistance in a range of non-contentious matters, including immigration, company and commercial and real estate.
We also offer a wide range of training programs tailored for GCs; to learn more about how we can support you and your business needs please contact Jenna Cooper.
We also share our legal insights with our GC network, providing regular, accessible updates and through our GC roundtable series, where GCs can share ideas and experiences. If you would like to join our network please contact Caroline Day or Ryan Mowat.
