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Third-party litigation
funding with ‘no-win
no-fee’ lawyers have Place your screenshot here
increased the
likelihood of being
sued. These third-party
funded cases are likely
to increase.
Sources of
Litigation
▫ Employee
▫ The consumer
▫ Business customer
▫ Suppliers
▫ Pressure groups
▫ Regulatory authorities
▫ Competitors
Source of Risk by Stakeholder and Area
Intellectual
Property
▫ Patent
“
▫ Trademark
▫ Internet Domains
▫ Geographical Indication
▫ Copyright
▫ Trade Secret
Patent Trolls
Preventive
Patent troll contact
IN PERSON
LIBEL
WRITTEN MATERIALS
SLANDER
Employees needs to be
o To know what can and trained
cannot be said
o Especially when making
comparisons with
competitors
o To reduce the risks of
getting sued by the
competitor
Consider having a list of
comparisons that staff can and
cannot make
Advertising
Claims
statement made in advertising about
the benefits, characteristics, and/or
performance of a product or service
designed to persuade the customer to
make a purchase.
“
False or misleading statements about
your product or service will bring you
to the attention of a regulator or
competitors. Therefore marketing
claims should be checked before going
live.
Contract Risk
Probability of loss arising from the
buyer's reneging on the contract, as
opposed to the buyer's inability to pay.
Types of Contract Risk
▫ Bad planning and demand management, deliberate contract manipulation,
miscommunication - they can all erode the value of a contract. Other areas
of risk include:
▫ Revenue leakage and cost overruns
▫ Quality failures
▫ Damage to business
▫ Loss of intellectual property
▫ Loss of bargaining power
Contract’s
Lifecycle
1. the contract is drawn up;
2. tenders are put out;
3. a winner is chosen;
4. the contractor provides the work;
5. eventually the contract comes to an end
The Five
Stages of
Contract risk
1. CONTRACT DESIGN
Selalu tes produk secara menyeluruh dan detil sebelum launching untuk
menghindari risiko tuntutan hukum dan risiko lainnya di kemudian hari.
The Legal Risks of Emai
Legal Risks
Legal liability for emails sent by employees
Court-ordered retrieval of emails
Confidentiality breaches
Lost productivity
Network congestion
Loss of reputation
Set an Email Policy
Safe use of internet and email
Netiquette
Personal use
Offensive content
Confidential Data
Reporting Abuse
Privacy
Other Steps to Take
Train staff
Use standard replies
Permanently delete
emails
Use an email disclaimer
Monitor emails
Monitor internet usage
Keep confidential
information safe
“
Reducing the Risks of Litigation
Have good contracts
Manage human resources professionally
Don’t over-sell or over-claim
Keep solid paperwork
Train staff
Act ethically
How to Minimize
Impact of Litigation
and Countering
Litigation
Two options can minimize the effect of
future litigation: