Recovery & Legal Services


Overview


Restructuring & Turn Around
Features

  • Helps develop and implement action plans to rebuild trust with investors and lenders
  • Examines root causes of underperformance and formulates a solution through operational or financial restructuring
  • Provides hands-on assistance and stabilization when the survival of a company is threatened

Benefits

  • Provides an objective view of the causes of underperformance
  • Provides a pragmatic assessment of available options
  • Focuses on long-term survival
  • Enhances stakeholder value


Investigation / Insolvency Services
Features

  • Identifies causes of underperformance
  • Assesses creditworthiness of a company
  • Provides liquidity investigations and workouts
  • Assesses management capability
  • Provides pre-lending opinions on the ability of a customer to service a new debt
  • Provides independent assessments of assets or businesses offered as collateral

Benefits

Provides objective and reliable information and opinions

Fraud:

  • Conducts large-scale, multi-jurisdictional fraud investigations

  • Investigates management fraud and procurement fraud

  • Gathers and documents facts and findings coherently and comprehensively, helping ensure evidence given in court is both admissible and credible

  • Draws on multidisciplinary, multilingual teams

  • Draws on diverse professional experience ranging from accounting to law enforcement

and helps you:

  • React rapidly to emerging issues, anywhere in the world, and establish the facts

  • Take control of a situation that you may feel is out of control

  • Assess vast quantities of information as it comes to light in the course of an investigation by analyzing and communicating it coherently to you

  • Limit damage to your reputation

  • Obtain recoveries of your assets

Asset tracing:

  • Traces cash and assets

  • With counsel, assists in obtaining freezing orders in multiple and difficult jurisdictions (including offshore)

  • Uses forensic IT solutions, including data visualization, to analyze problems more quickly than with traditional processes

and helps you:

safeguard assets early in an investigation to facilitate recoveries

E-business risk assessment:

  • Helps you control and manage e-fraud risks including money laundering

  • Investigates e-frauds

  • Provides expert financial input in actual or potential e-business disputes

and helps you:

  • Stay alert to potential e-business exposure at an early stage

  • Counter factors that contribute to e-fraud

  • Achieve early and cost-effective settlements of e-business disputes

Regulatory inquiries

  • Carries out inquiries, investigations, and reviews for regulators, financial institutions, and regulated entities

  • Assesses compliance risks

  • Investigates compliance reports, including disciplinary issues

  • Draws on multidisciplinary teams of professionals, including investigative accountants, former regulators, and financial sector professionals

and helps you:

  • React rapidly to forensic or litigation issues anywhere in the world and quickly establish the facts

  • Take control of a situation that you may feel is out of control

  • Assess vast quantities of information as it comes to light in the course of an investigation by analyzing and communicating it coherently to you

  • Provide an independent assessment of areas of potential noncompliance

Money laundering:

  • Carries out money laundering investigations, reviews, and training for banks and other financial institutions

  • Uses forensic IT solutions to capture and analyze key data on accounts and transactions

and helps you:

  • Achieve compliance with money laundering rules and regulations

  • Build money laundering awareness

Complex financial investigations:

  • Combines investigative skills, interviewing, project management, report writing, and IT skills to control and manage a wide range of complex financial investigations

  • Draws on multidisciplinary, multilingual teams with experience ranging from accounting to law enforcement.

and helps you:

  • React rapidly to forensic or litigation issues anywhere in the world and quickly establish the facts

  • Take control of a situation that you may feel is out of control

  • Assess vast quantities of information as it comes to light in the course of an investigation by analyzing and communicating it coherently to you

Investigative due diligence/corporate intelligence:

  • Performs in-depth background checks for companies considering new business relationships (for example with vendors, joint venture partners, merger targets or franchisees)

  • Develops financial and operating profiles of companies and key personnel

  • Identifies and evaluates potential risks, whether from questionable or illegal activities, pending litigation, liens and judgments, or potential conflicts of interest

  • Highlight risks and issues at an early stage

  • See the big picture by providing information to help you evaluate new opportunities

  • Enable boards of directors and management to support decisions related to key personnel

Forensic IT/computer forensics:

  • Uses data visualization to analyze problems more quickly than with traditional processes

  • Uses well established techniques to capture electronic evidence in a format that is acceptable in a court of law

&and helps you pave the way for value recovery, successful prosecution, disciplinary action, and compensation


Features

  • Realizes assets of a company for the benefit of creditors (when YASH serves in the capacity of a liquidator, receiver, or trustee in bankruptcy)
  • Facilitates the survival of a troubled company in accordance with protective orders
  • Advises on company closures

    Benefits

  • Helps creditors obtain a clear picture of the direction management intends to follow
  • Helps management provide stakeholders with a unified strategy for recovery
  • Helps recover or preserve value


Risk Advice
Fraud risk management:

  • Benchmarks the quality of your fraud risk management strategy, fraud risk assessment, internal controls, and fraud response planning
  • Benchmarks the quality of the business environment—culture, ethics, personnel profile, structure, reward management, and communications
  • Alerts your front-line people to fraud through training

… and helps you:

  • Highlight performance improvement opportunities to achieve your business goals
  • Create shareholder value by focusing management attention on the critical risks
  • Build an antifraud culture

Agreement vetting (pre- and post-closing) in conjunction with counsel:

  • Reviews language of accounting mechanisms and drafts of agreements
  • Assists in preparation or review of earn-out/closing accounts
  • Advises on the preparation of dispute notices and settlement negotiations

  • Assists with the preparation of submissions when a dispute goes forward to an independent expert

… and helps you minimize your risks of future disputes and the associated time and costs

Integrity management:

  • Analyzes your risks and identifies weaknesses in your corporate ethics and compliance program

  • Provides training in ethics and compliance commitments

…

and helps you with the prevention and detection of violations of your internal standards and policies

Physical security:

  • Assists you with corporate security by providing threat, risk, and vulnerability assessments as well as security recommendations
  • Provides disaster recovery and contingency planning

…and helps you anticipate and minimize physical security risks and potential losses



Intellectual Property Rights
Intellectual property and portfolio management:

  • Identifies your intellectual property assets
  • Assesses the value and commercial potential of your intellectual property
  • Helps build IP management systems
  • Assists in the development of a strategy for enhancing the value of IP assets
  • Implements programs for the realization of IP value through more efficient internal usage, licensing, or disposal

and helps you:

  • Integrate IP and business strategies
  • Realize cash and value from IP assets through internal or external use and market recognition

Royalty and license management:

  • Investigates IP use by third parties, compliance with licenses, and completeness of revenue streams

  • Assists in the resolution of disputes arising from use of intellectual property by a third party
  • Assists in the recovery of revenue and proceeds from contracts, royalty and license agreements, joint ventures, and franchise arrangements

  • Reviews wording of accounting, audit, and record keeping mechanisms in license agreements

and helps you:

  • Enhance the value of your intellectual property
  • Build trust between you and your licensees, thereby helping to reduce risks of future licensing disputes

Legal Services
High technology offers new opportunities for wrongdoers.

That means you face new kinds of security-related threats in the areas of—

  • Electronic funds diversion

  • Money laundering

  • Information theft

  • Cyber terrorism

The perpetrators can be your own employees, suppliers, investors, customers, or business partners.

Entering foreign markets magnifies the threat because of differing business customs and regulatory practices. And at home, cybercrime affects both you and your customers.

YASH’s Forensic & Litigation Services practice can help you respond to these new threats and challenges.

Our in-depth experience ranges from conducting fraud investigations to implementing and monitoring ethics and integrity programs for organizations around the world.

Our comprehensive services can help you:

  • Assess your exposure to fraud and other misconduct

  • Design, implement, and manage fraud deterrence programs

  • Monitor compliance with court orders and regulatory decisions

  • Resolve disputes

  • Maximize income rightfully due from contracts, license agreements, joint ventures, and fraud insurance coverage

  • Minimize risk in new business ventures

  • Safeguard your assets

YASH. Because Wrongdoers Are Keeping Up with the Times.

We combine technical anticrime skills with the deep resources of a global network of member firms. And with our IT network, we can confront wrongdoers with their most powerful weapons.

We have experience investigating highly complex cyber crimes internationally.

YASH’s Forensic & Litigation professionals include—

  • Investigative accountants

  • Former law enforcement officers

  • Private investigators

  • Business valuers

  • Criminologists

  • Computer analysts



Resolution Services
Arbitration:

Assists parties in dispute when they have agreed to arbitration

Provides qualified arbitrators from YASH’s team of professionals

and helps you by:

Assisting, in behalf of a party, in the achievement of an early and cost effective settlement of a dispute and avoidance of litigation

Providing, as an arbitrator, efficient arbitration of a dispute

Professional determination:

  • Acts as an independent experienced professional in a dispute and may issue a determination
  • Typically takes a more investigative role than an arbitrator
  • Alternatively, assists you in presenting your case to an independent professional

and helps you by:

  • Assisting, in behalf of a party, in the achievement of an early and cost effective settlement of a dispute by avoiding litigation
  • Providing an efficient resolution of a dispute

Mediation:

Acts as neutral facilitator appointed by the parties to assist them in reaching a settlement through structured negotiation

and helps you:

by providing efficient dispute resolution


Recovery Services
When your company is underperforming, there’s seldom a quick fix. You may need to:

  • Make fundamental changes in direction
  • Alter your business structure
  • Remove or rebuild components
  • Inspire confidence, even as your options are narrowing

Whatever your stake— now more than ever, you need an adviser with strength.

  • Technical and analytical strength to determine what went wrong
  • Deep industry knowledge to help you create effective solutions
  • Operational skills to help you achieve your goals
  • And a worldwide reputation

When your position is weak, YASH lends you strength. We draw on experience from hundreds of restructuring engagements to help you:

  • Capitalize on your synergies
  • Eliminate redundancies
  • Improve your productivity

YASH. Because You’re Ready to Deal from Strength.

Early Warning Signs

Watch for these signs of declining corporate health. The most effective restructuring can occur when you recognize them early on.

  • Late payment of accounts, a significant number of held checks, or a reduction in credit extended by suppliers
  • Inadequate information systems or capital/expenditure programs
  • Difficulty attracting and retaining the best customers, employees, and suppliers
  • Deteriorating relationships with creditors, shareholders, and other stakeholders
  • Continuing financial losses or cash-flow deficiencies
  • Weak management or succession planning
  • Looming debt maturities or covenant defaults on debt obligations
  • Qualified auditor’s report
  • Financial reporting delays; missed budgets and forecasts
  • Heavy reliance on single suppliers, customers, or products
  • Over-leveraged capital structure or high-cost debt

  • Deterioration in asset valuesleading to reduced liquidity

About YASH

YASH’s Corporate Recovery practice provides services for:

  • Underperforming companies, regardless of size
  • Creditors
  • Shareholders

We bring to each engagement the strength of our—

  • Multidisciplinary, cross-border teams
  • Global knowledge base
  • Seamless communications
  • Worldwide industry and financial contacts

We can draw on YASH professionals in related disciplines including:

  • Forensic accounting
  • Corporate finance
  • Banking
  • Insurance
  • Taxation