Risk and Crisis Management

When your organization faces a high-stakes, high-profile crisis – whether it's a lawsuit, government investigation, data breach, product recall, serious accident or political uncertainty – retaining counsel and strategists who can craft a swift, thorough and extremely well-coordinated response is essential.

Holland & Knight's Risk and Crisis Management Team helps you prepare for, respond to and emerge from challenging situations in the strongest possible position. Our comprehensive approach spans traditional crisis management, political risk assessment and strategic communication to provide all-encompassing protection for your organization's operations, assets and reputation.

A Trusted Advisor

Holland & Knight has decades of experience in guiding U.S. and multinational companies in nearly every industry during some of their toughest challenges, especially in the crosshairs of civil and criminal liability, public criticism, government scrutiny, and potential debarment or exclusion from government programs.

Our team has:

• assisted scores of leading transportation companies with risk management and liability mitigation following accidents as well as during government investigations
• helped healthcare and life sciences companies protect their brands when handling labeling controversies, Health Insurance Portability and Accountability Act (HIPAA) violations, investigations and regulatory issues
• counseled companies in numerous industry sectors to respond to data breaches, cybersecurity attacks and the resulting scrutiny
• steered consumer companies, retailers and manufacturers through all aspects of product recalls from initial reports through final disposition
• guided energy producers and insurers in the wake of natural disasters
• advised financial institutions during regulatory crises and investigations

Our attorneys and professionals also have a lengthy track record in representing high-profile individuals who face government and regulatory investigations and inquiries, as well as white collar defense and high-stakes litigation.

Our Comprehensive Approach

Holland & Knight's Risk and Crisis Management Team provides the three essential components for effective crisis management:

1. We quickly assess the parameters of the challenge you face.
2. Our team then develops and implements integrated legal and communication strategies designed to mitigate liability, avoid adverse government action, protect your organization's brand and reputation, and preserve employee, investor and customer confidence.
3. In the process, we give your organization's leadership the breathing room it needs to stay focused on managing all business operations.

Our Extensive Capabilities

Clients rely on our lawyers and professionals in a wide range of circumstances, many of which are actively playing out in high-impact media coverage. Our comprehensive crisis and risk management guidance includes:

• counseling companies, organizations and individuals in responding to, preparing for, participating in and emerging from all kinds of congressional or executive investigations and inquiries
• negotiating with federal law enforcement and investigative agencies, litigating white collar criminal and civil cases, defending companies in U.S. Securities and Exchange Commission (SEC) enforcement and anti-money laundering matters
• representing government contractors and grant recipients in audits, investigations, bid protests, suspension and debarment matters, and Foreign Corrupt Practices Act (FCPA) litigation
• handling the full life cycle of data breaches and cybersecurity attacks, from initial response to long-term reputation management
• representing financial institutions and their leadership in regulatory and prosecutorial investigations
• defending clients in civil enforcement actions and litigation brought by agencies such as the SEC and Consumer Financial Protection Bureau (CFPB), as well as under the False Claims Act
• advising on compliance program enhancements to prevent future incidents and demonstrate institutional integrity

Political Risk Management

In today’s increasingly complex and volatile political landscape, organizations face unprecedented uncertainty that can significantly impact operations, investments and long-term goals. Political shifts, regulatory changes, policy debates and geopolitical events create both challenges and opportunities, demanding a proactive and informed approach to risk management.

Holland & Knight offers comprehensive political risk management services designed to help clients understand, anticipate and mitigate the potential effects of political instability and policy shifts. Our team's deep understanding of legal, regulatory and political spheres – combined with our extensive network and strategic insights – empowers clients to navigate these challenges effectively.

Our services include:

• Identifying and Assessing Political Risks. We analyze potential political risks relevant to your industry and operations, evaluating their likelihood and impact.
• Developing Mitigation Strategies. We craft tailored strategies to minimize exposure and build resilience, including scenario planning and compliance strategies.
• Navigating Regulatory Changes. We monitor legislative and regulatory developments, providing timely intelligence and guidance.
• Engaging Stakeholders Effectively. We help build support, manage opposition and shape the political and regulatory environment.
• Protecting Investments and Assets. We help safeguard your investments from politically driven disruptions, ensuring continuity and long-term value.

Effective political risk management is not just about avoiding threats – it’s about identifying opportunities. We provide the strategic counsel and practical support designed to help you thrive in a dynamic environment.

Astute Crisis Communication

Not having to vet crisis and litigation communications teams when you are dealing with the onset of a dire situation can be critical. Holland & Knight's High-Stakes Communications Team works to meet legal and reputation protection objectives and mitigate additional liability for our clients on day one around the globe.

Dispute Resolution

Our attorneys work vigorously to resolve crisis-related disputes without protracted litigation, but we have the skills and experience to mount an aggressive and strategic domestic or international courtroom defense when it cannot be avoided.

Crisis Prevention

Holland & Knight places a premium on crisis prevention and literally wrote the book on Corporate Compliance. Our attorneys developed and annually update the Corporate Compliance Answer Book, a two-volume work published by the Practising Law Institute, a definitive resource for general counsel and risk management executives. Our lawyers and professionals can help you adopt proactive risk management measures, from emergency response programs to compliance audits and insurance coverage reviews.

Experience That Counts

Our team includes former members of Congress, U.S. attorneys, SEC officials, FBI, U.S. Department of Homeland Security (DHS) and National Transportation Safety Board (NTSB) general counsel, military officers, and seasoned professionals in litigation, crisis management, government relations and compliance. This real-world insight enables us to provide immediate assistance with your crisis while identifying political opportunities within challenges, helping you not just weather storms but positioning you to thrive in dynamic environments.

Representative Matters

Advocacy

• Represented the leadership of a U.S. chemistry organization in working with DHS to obtain approval under the DHS SAFETY Act of the client's security program – a comprehensive security risk management tool used by the organization's members and their 1,550 nationwide chemical facilities. In order to encourage the development and implementation of anti-terrorism technologies, the SAFETY Act provides immunization from or limited liability should a terrorist attack result in harm despite the use of a DHS-approved technology.
• Selected by an Asian Ministry of Commerce to support its reputation protection, lobbying and advocacy efforts relating to the U.S. Department of State's placement of the client's country in the 2014 Trafficking in Persons Report. Holland & Knight's High-Stakes Communications and Government Relations Teams helped to redefine the narrative about the importance of commercial trade between the U.S. and the client country, demonstrated improvement in the client country's labor regulation and enforcement, educated State Department policymakers and key commerce and labor stakeholders about recent labor reforms and efforts to combat human trafficking in the client's country, and mobilized allies and stakeholders to help improve the client country's reputation as a top-tier trading partner with the U.S.
• When the House Energy and Commerce Committee and its Subcommittee on Oversight and Investigations examined the use of flame-retardant chemicals in various consumer products in 2010, they sent letters to select chemical companies that manufactured polybrominated diphenyl ethers (PBDEs) and other flame-retardant chemicals. Holland & Knight represented a client in navigating the oversight process and in preparing its response to the request for information, which comprised over 100,000 pages of documents and data. In 2012, the Senate Environment and Public Works Committee (the Committee), following up on a Chicago Tribune series on flame retardants, initiated an adversarial investigation of and hearing on the latest flame retardants. The Committee's letter requested detailed information related to the use of flame-retardant materials. Working with the client, we were able to produce the necessary information in a timely and professional fashion. Holland & Knight attorneys also worked closely with the Committee's Democratic and Republican oversight staff to provide guidance in determining which documents were of interest, to produce the documents within a negotiated timeline agreed to by the Committee, to gain protected and confidential treatment for proprietary and other sensitive company documents, and to stay abreast of developments related to the scheduled public hearing. Although newspaper and television stories fanned the flames of controversy surrounding fire protection, precipitating a frontal attack on the industry and best practices, Holland & Knight provided a rapid and coordinated response on the legal, policy, regulatory, technical, legislative and public relations fronts – all under significant time and other constraints.
• Represented several corporations in investigations initiated by the Florida Office of Insurance Regulation
• Defended publishers in Florida attorney general investigations into alleged deceptive marketing and billing practices
• Assisted Florida businesses with passage of legislation to improve the standard for expert witness testimony in Florida civil and criminal courts
• Implemented a strategic plan to assist a client at risk of losing its entire annual Head Start grant when a new federal law required the client to re-compete for its $200 million annual Head Start grant. The Holland & Knight team engaged with the client's congressional delegation, local elected officials and federal agency staff to ensure the competition process was fair and transparent. We also obtained strong political support for the client's application by highlighting the client's successes with the Head Start program through the years. As a result, after an intense 18-month competition process, the client maintained 65 percent of its original grant – an unprecedented amount among all the applicants.

Financial Services

• Represented global bank executives involving fraud-based claims against large mortgage lenders; participated in the first lawsuit to be tried to verdict by the U.S. Department of Justice that brought fraud-based claims against major mortgage lenders

Government Contracts

• Successfully represented a government contractor in a precedent-setting case at the U.S. Court of Appeals for the Federal Circuit involving a nationwide contracting program worth $250 million per year; this was an extremely high-stakes matter for the client because the contracts involved constituted almost all of its revenue and the DOJ took this case to the U.S. Supreme Court

Healthcare

• Represented a generic pharmaceutical company in an investigation involving drug pricing and government price-reporting violations
• When one of the world’s largest information technology companies came in for extensive attention and criticism over its role in a large and highly prominent federal health information technology contract, Holland & Knight provided comprehensive government affairs support through a team of professionals who helped develop a strategic response, formulated responsive communications to congressional offices and committees, prepared testimony, prepared a witness for testimony and undertook a series of informational meetings to clarify misunderstandings.

Transportation

• Represented clients in crash litigation and the investigations by the NTSB and the Federal Aviation Administration (FAA.) In addition to smaller crash cases, Holland & Knight has been lead U.S. counsel for the defendant operator or manufacturer in investigations and/or litigation arising out of the following matters:
  • SpaceshipTwo crash in the Mojave Desert, California
  • UPS Flight 1354 A300 crash at Birmingham, Alabama
  • Air Methods Eurocopter AS350 B2 crash near Mosby, Missouri
  • Gulfstream G650 crash at Roswell, New Mexico
  • AIRES Flight 8250 B737 accident on San Andres Island, Colombia
  • UPS Flight 006 B747 crash in Dubai
  • Navy E-2C Hawkeye crash in the North Arabian Sea
  • Air France Flight 447 A330 crash in the mid-Atlantic Ocean

Litigation

• Represented several developers and operators of multifamily communities in matters involving allegations of pattern and a practice of discrimination under the Fair Housing Act and Americans with Disabilities Act regarding design and construction of apartment complexes throughout the U.S.
• Represented a former governor in a matter involving corruption charges