A chemical spill at one of your company’s plants has affected the local water supply, and the regulators are preparing to take your environmental lapses to the media. A well-intentioned finance employee has become a whistleblower raising allegations of fraud, triggering an internal and external investigation. Customer complaints over a defective product have sparked an internal debate as to whether a disclosure to the regulators is in order and a product recall should be initiated. These are just a few examples of the crises in which any business operating in a heavily regulated industry can find itself, but they all require engaging the right cut of experts and planning to the extent possible for just these types of contingencies.

The likelihood of a successful resolution—a settlement, a trial win or the avoidance of litigation or prosecution—will likely hinge on the selection of your outside counsel and the character and quality of your relationship. It is critically important that in-house and outside counsel define, well in advance, the process, discipline and cadence for ensuring timely and candid exchanges to proactively address the challenges at hand. The onus to identify the most appropriate resources, expertise, workstreams and methods for collaborating and communicating is for the general counsel or his or her designate in collaboration with the business client to decide and be prepared to implement when the time arises.

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