Crisis Management - The Unwanted Email

There are several 'crisis' scenarios in which a regulated financial services institution might be required to disclose documents they hold. Three of the most significant are:

• When involved in litigation (e.g. when a former client brings an action against the business);
• When the business is investigated by the GFSC; and
• When a company for which the business provides services is under investigation (which could result in a notice from the Financial Investigation Unit (FIS) requiring disclosure of all documents relating to that company).

In the current environment; litigation continues to rise, the GFSC has found new and more formidable appetite, and foreign governments are reaching further and with more enthusiasm than ever before. There is an ever increasing chance of a business finding itself faced with one of the above scenarios.