GLBO 2021 insights: Managing risk and race to recovery

Capturing and managing emerging risks and reflecting new knowledge in risk analyses across key business areas.

16 November 2021

Publication

Managing risk and race to recovery

Risk management is a timeless topic and central to protecting your company culture. Listen in and read our key quotes and takeaways from our multidisciplinary sessions held at our recent Global legal and business outlook 2021.

Sascha Kuhn, Partner

"If you were to ask me what is the megatrend to be aware of in 2021? I’d say collective class actions by consumers against institutions."

Rachel Stanton, Partner

"The fact that this is a cash-flow crisis makes it a bigger challenge this time around - borrowers, lenders, and investors will need to collaborate."

Key takeaways

  1. Cyber security breaches: Stakeholder activism and class actions may be on the rise in a range of issues including crypto, LIBOR, ESG related topics.  Managing a company’s risk portfolio will be a key responsibility for the C-suite in 2022 and beyond.

  2. EU/UK commercial disputes: With uncertain headwinds expected in 2022 and beyond, this is likely to result in more disputes erupting. For example, this could take the form of ESG related issues, with regulators taking a keen interest in greenwashing or the governance and accountability of Management Boards, for misselling and/or misrepresentation in relation to renegotiated IBOR contracts and cross-border commercial disputes with a European dimension. The latter will also give rise to further complexities of applicability of law, jurisdiction and enforcement of judgements, post-Brexit.

  3. The Covid debt mountain: The level of state-guaranteed debt varies across Europe with the UK, Spain, and France at the lower end of the scale ranging between €100-140bn per country. Italy is at the upper end of the scale with over €700bn in guaranteed loans throughout the pandemic. Get up-to-date analysis on restructuring and insolvency issues in our Race to Recovery feature.

Tina Lockwood, Partner

"Lenders have pledged to treat customers fairly whilst avoiding triggering government guarantees, a tough balancing act to achieve given the pressure they are under to recover cash and meet internal requirements."

This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.