Griffin Law for Business

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Business

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NICHE LITIGATORS

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If you want a law firm that offers something different, work with us. Griffin Law is an award-winning, niche litigation practice of innovative, proactive, and tenacious lawyers. We are creative problem solvers, and provide expert advice to individuals and businesses involved in all types of disputes.


Griffin Law Business Services

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Brand & Reputation Management 4 Business Disputes 5-6 Commercial Land & Property Disputes 7 Corporate Espionage 8 Cyber Security 9 Debt & Contractual Recovery 10

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Director & Shareholder Disputes 11 Fraud & Asset Recovery 12 Insolvency & Restructuring 13 Professional Negligence 14 Regulatory & Professional Discipline 15 Settlement Agreements 16-17 Tax Litigation 18-20

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Brand & Reputation Management With the relentless 24-hour news cycle and the ubiquity of the internet, your brand and your company’s reputation are under constant threat. Digital disaster can strike at any minute through online harassment. When it happens, you must react immediately. Or more importantly, your law firm must respond and silence the aggressor while addressing the offending posts or comments. If you wait too long, your reputation can be ruined – sometimes beyond repair. Griffin Law has pioneered the fusion of privacy, confidence, defamation, and harassment law for the benefit of its clients. We are the recognised experts in this field of law and can help to protect and manage your organisation’s brand and reputation.

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Business Disputes Litigation lies at the heart of Griffin Law. It is all we do and we do it well. Whatever the nature of your business dispute you can be sure we have the expertise and determination to handle it. Griffin Law represents our clients’ commercial interests fearlessly. Just as our namesake combines intelligence and strength, so do our lawyers. The firm has particular experience in obtaining injunctions, interlocutory relief and pursuing defendants around the globe. We pride ourselves on our tenacity and toughness on behalf of our clients. Uniquely, we consider the use of innovative and financially attractive funding sources for commercial clients involved in disputes. This includes contingency and conditional fee agreements, discounted hourly rates, third-party funding and the use of after-the-event insurance. continued on next page >

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These creative methods may reduce your risk of being ordered to pay the other side’s costs. This proactive management reduces the costs payable by our clients and can lead to an earlier and less stressful resolution to commercial disputes. If you are a business involved in a dispute, no matter how large or small, Griffin Law is the firm you want with you, not against you.

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Commercial Land & Property Disputes If you own land or property, whether commercial or residential, you know that some of the most fiercely fought and entrenched legal battles arise from disputes involving property, land, rights of access and planning. Griffin Law’s property experts are veterans of such encounters. These are the lawyers you want in your corner when the situation requires aggressive, professional litigation or smooth arbitration. Disputes between landlords and tenants arise all too often. They are generally expensive and time-consuming. As Griffin Law is experienced in acting for both landlords and tenants, our lawyers are familiar with the strategies and tactics required to secure a mutually advantageous result. The optimum outcome should be a business relationship that survives the dispute, is secured rapidly, and is costeffective.

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Corporate Espionage Corporate espionage is on the rise. It has never been easier to steal your information, ideas, and secrets. Sometimes this occurs internally, but often the theft or attack is made by forces external to your organisation. Whether it is another company stealing your secrets, or a disaffected employee, or even your own senior management, we can help. Griffin Law can provide you with security measures to protect your business and prevent it falling victim to foul play. Too late for that? Let us uncover the perpetrator and ensure that justice is served. Alternatively, you could find your business on the receiving end of an accusation of corporate espionage. Come to us! We can assess the situation and build your defence while simultaneously building a potential case of defamation against the condemning corporate.

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Cyber Security Cyber-attacks are now amongst the biggest threats to the survival of your business. Not only can they bring your business to a standstill, but failing to prepare adequately may cause your insurer to refuse a claim. In fact, almost all data security breaches or cyber-attacks on a business involve the cooperation, (deliberate or innocent) of its employees, or a failure to follow basic security procedures. Griffin Law not only specializes in managing situations where your sensitive data has been stolen and misused, but also aims to educate businesses to rethink the very nature of cyber security. Let us ensure your culture, people and processes are educated and informed, and your business becomes a fortress.

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Debt & Contractual Recovery Debt is deadly. It will destroy your business if not avoided or managed. Implementing ways to prevent it, or to recover debts quickly and cost-efficiently, is absolutely essential for the survival and health of your business. Yet business owners are rarely equipped with the time or knowledge of the law to pursue debtors. Chasing them wastes time, impedes cash flow, and distracts from running your business. Debt collection agencies rarely offer value for money and make promises that all too often prove overly optimistic. Let Griffin Law work with you to salvage business relationships where they can be salvaged, and to secure the fastest and most cost-effective recovery of money owed to you. This could be through litigation, the use of bankruptcy and corporate insolvency proceedings or via an out-of-court settlement. We will also consider whether the directors of companies that owe you money are personally liable to repay should fraud be involved. 10


Director & Shareholder Disputes When officers of companies disagree, it can lead to devastating consequences for both the individuals and the company. Griffin Law provides tactical assistance and sound advice to directors, shareholders, and companies in these most critical of times. We advise when and how best to litigate in relation to:

• unfair prejudice petitions; • breach of director’s fiduciary duty claims; • derivative actions; • director’s misfeasance; and • director disqualification.

In addition to alleviating the stress of the situation, Griffin Law is also able to assist with the added pressure of costs, via tailored funding and cost arrangements. We understand that time is of the essence during these disruptions and will work with you to achieve the optimum outcome in the fastest possible time.

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Fraud & Asset Recovery Recent years have seen a dramatic increase in fraudulent activity, largely aided by advances in technology, global interconnectivity and increasingly sophisticated scammers and fraudsters. Griffin Law has experience in unmasking the identity of fraudsters, locating stolen assets (including overseas), and securing the recovery of funds. We can freeze assets, search and seize documents, and we work closely with the police and other regulatory bodies. Unlike other law firms, we will work closely with your existing legal and PR advisers to ensure that your reputation is damaged as little as possible.

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Insolvency & Restructuring It is a sad fact, but some businesses fail. So it is good to know that we have one of the most entrepreneur-friendly regimes in the world. At Griffin Law we work with specialist licensed insolvency practitioners to build a cost-effective and lawful way out of bankruptcy. Do not risk criminal sanction by trading whilst insolvent. We can help you confront the realities of the situation and advise you of your options. Should restructuring be the solution for your business, we will work with you to move forward, salvaging your reputation, your home, and your investment, as well as your customers and clients. Griffin Law is commercially aware, and our experienced lawyers possess deep expertise in the areas of liquidation, administration, and all defensive insolvency law options.

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Professional Negligence Substandard service from a lawyer, accountant, surveyor, architect, doctor, actuary, investment fund manager, financial advisor or other professional is not only irritating, it can be costly. If you believe you have a cause of action in negligence you can sue for compensation. Generally, professionals are compelled to hold professional indemnity insurance, which provides the means to pay an award should the claim be successful. Should you be the one being sued, call us. Our experienced lawyers have acted for and against professionals in negligence actions for over twenty years. Through our proactive and creative use of court procedures, litigation tactics and legal remedies, we have extensive experience in representing professionals on both sides of these disputes.

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Regulatory & Professional Discipline A regulator is an entity that exercises supervisory authority over the business that it monitors. Should a business be in breach of its regulator’s guidelines, it is likely to face serious reputational and financial penalties. In some cases, the consequences could be catastrophic. You could be shut down entirely and, even if you win, your regulator will usually not have to pay your costs. It is of the utmost importance that a business manages its response to any regulatory investigation precisely, clearly, and quickly, to avoid unnecessary regulatory action. With Griffin Law on your side, you can expect a swift resolution of the regulatory issues under investigation. Our process of suspected breach assessment and subsequent response may lower, or even alleviate any impending fines. If the breach stands, we are experienced in dealing with regulators at consequent disciplinary action or third-party proceedings.

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Settlement Agreements A Settlement or Compromise Agreement, (‘the agreement’) is a formal document that supports and records the mutual termination of a contract of employment. It sees the employer compensating the employee for relinquishing their employment rights in settlement of their potential claim(s) against the employer, (save for limited exceptions). As with all human interactions, it has the potential to turn nasty. The advantage of a negotiated agreement is that the parties ultimately reach a mutual arrangement. Without this, an Employment Tribunal would be needed, and the decision of the court would determine the outcome. Not only could this be severely disadvantageous to the parties, the litigation itself is likely to be stressful and incur considerable legal costs. continued on next page >

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Entering into a well-drafted agreement is an efficient and legally binding way to bring the employment relationship to an amicable end. Some important points to note are: • the

employee must receive independent legal advice on the terms of the agreement before it is binding on the parties. • it is commonplace for the employer to pay or make a significant contribution towards that advice. Griffin Law is on hand to help either employees who seek independent legal advice on the intricacies of the settlement agreement, or employers who have a potential dispute with an employee, or those who just wish to discuss how Settlement Agreements might be used within their business.

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Tax Litigation The UK’s tax laws are increasingly complicated, often resulting in businesses and individuals receiving unexpected tax demands and threats of penalties and fines that, if unchallenged, can lead to lost homes and jobs, divorce, bankruptcy and in the most extreme cases, irreparable damage to mental health. In recent years the powers of Her Majesty’s Revenue & Customs (HMRC) have grown. As is often the case when powers grow, so do abuses of those powers. Griffin Law seeks to uncover those abuses. All too frequently, we find ourselves having to remind clients, accountants and HMRC themselves that just because HMRC says something is the case, that does not mean that it is. It is Parliament that makes legislation, and it is our courts or tribunals that independently interpret these laws. Griffin Law acts for businesses, business owners and other taxpayers who find themselves, often through no fault of their own, in dispute with HMRC. * continued on next page >

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Working with specialist barristers, we can cost-effectively handle: HMRC, Financial Conduct Authority and National Crime Agency enquiries; • challenging HMRC discovery assessments, penalties, information, and document requests; • settlement negotiations, including HMRC sponsored alternative dispute resolution; • challenges to Schedule 36, follower or accelerated payment notices; • disguised remuneration, loan charge and fraud investigations; • judicial reviews and tax legislation challenges; and • challenges to tax assessments and determination in the First-tier Tribunal, Upper Tribunal, appellate and European courts. •

Our role is to help take the worry of dealing with HMRC away from you wherever we can. If you have made a mistake, we will help you rectify it. If HMRC is mistaken, we will help you to challenge their decision.*

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*Tax Litigation Disclaimer As now clearly required by statute and regulation, Griffin Law does not and cannot provide advice or assistance that might amount to the promotion or enabling of tax avoidance. The only advice or assistance that Griffin Law can provide to taxpayers who have used what HMRC might contend are tax avoidance schemes, including remuneration trusts, is in representing clients before the courts or tribunals, helping in settlement discussions with HMRC, and assisting with HMRC inquiry correspondence. Griffin Law will only do so upon clients signing a declaration of non-use of remuneration trusts as tax avoidance. If that declaration is not signed, no advice or assistance properly can or will be provided.

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Griffin Law: Innovators The first injunction ever to be served via Twitter. The first injunction criminalising unlawful data sharing on torrent sites. The first injunction permitting the service of anti-harassment proceedings via SMS text message.


Kent: 60 Churchill Square, Kings Hill, West Malling, Kent ME19 4YU Tel: +44 (0)1732 525923 Fax: +44 (0) 1732 523570 Email: justice@griffin.law Web: www.griffin.law Consulting Offices: (by prior appointment only) London, Tampa, Florida and Washington, D.C.


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Griffin Law is a niche litigation firm of innovative, proactive, tenacious and commercially-minded lawyers who guarantee to share the risk of litigation with every client.

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TRANSPARENT FEES TENACIOUS LAWYERS TRUSTED PARTNERS

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