In dispute – data and disclosure

Phil Beckett (+44 (0)207 663 0778, pbeckett@alvarezandmarsal.com) is Managing Director and Head of Disputes and Investigations at Alvarez & Marsal in Europe and the Middle East.

Most investigations are resolved out of court, including those that involve suspected fraud. Occasionally, though, writes Phil Beckett of Alvarez & Marsal – in the case of class actions, for instance, or some supplier disputes – investigations will lead to litigation. When fraud is a ‘live’ factor in investigations and subsequent litigation, what are the consequences for the data used? How should parties approach disclosure when trust is so compromised? And what do recent changes in the disclosure process mean for parties dealing with fraud?