Legal
Legal Services
Collaborations amongst Brighter Future Solutions attorneys in various disciplines produce innovative legal solutions for our clients. We work together across offices and practice areas as an integrated, multidisciplinary team providing the capabilities necessary to generate great results for our clients.
Renowned for our experience in complex litigation and arbitration, our clients rely on us to anticipate their needs and outperform their expectations. We believe that the best litigation results whether achieved in court or across the bargaining table occur when the lawyers are fully prepared to try the case through verdict. Our focus on trial-readiness drives successful and more cost-efficient results for clients, as critical issues are identified early and then used to maximum advantage in the litigation and negotiation processes. We with the help of our partners have tried cases successfully to verdict or judgment in virtually every business segment and substantive area, including accountant liability, antitrust & competition, class action, mass tort & toxic tort, construction, consumer fraud, ERISA / benefits, franchise & distribution, insurance coverage, international arbitration, product liability, and securities & shareholder litigation.
our practices
Corporate
Litigation
Antitrust Litigation, Regulatory Clearance and Advisory
Appellate
Arbitration (Domestic and International)
Class Action Defense
Employment, Employee Benefits and ERISA
Environmental
False Claims Act
Financial Restructuring and Reorganization
Foreign Corrupt Practices Act
General Commercial Litigation and Contractual Disputes
Intellectual Property Litigation
Investigations and White-Collar Criminal Defense
Mergers, Acquisitions and Business Transactions
Professional Liability
Representation of Boards, Board Committees, Directors and Company Executives
Securities Litigation
Shareholder Derivative Litigation
Tax Litigation
Trusts and Estates Litigation
Tax
Executive Compensation and Benefits
Trusts and Estates
Asset Tracing and Recovery
Bf Solution offers financial investigators and forensic accountants offering extensive experience with tracing and recovery of assets, borne of successful careers at some of the largest law enforcement agencies and consulting firms in the world Our team of financial investigators are aware that asset recovery is all about moving quickly. If steps are not put in place early, the prospect of finding the money, even if you can trace it, gets more uncertain as each day passes. Our asset tracing pursuits run the gamut: from funds shielded through complex corporate structures, to embezzled assets of former heads of state, to millions or billions misappropriated by schemers. Our experienced forensic and technology practitioners use a sophisticated array of tools and resources to analyze financial systems and reconstruct records to find out where funds have gone, in multi-jurisdictional asset searches, and most importantly work on getting them back. Our Asset Tracing and Recovery experts will work with you and your legal adviser to attempt to recover misappropriated funds, quickly and discreetly.
Our methodical approach includes:
Asset Mapping: Through systematic analysis of a wide range of data repositories around the globe, coupled with strategically targeted inquiries with diligently identified sources with relevant knowledge, our attorneys develop intelligence on the location, size, and background of the available pool of assets. The end product is a map, detailing each identified asset per jurisdiction, its estimated value, and relevant intelligence on the pros and cons for seizure.
Asset Recovery Strategy: Our investigators work hand in hand with the either Bf solution legal team or with the clients appointed legal consul devising enforcement strategy’s that prioritizes the jurisdictions where enforcement efforts will be made. We classify assets within each jurisdiction as more or less desirable, based on the legal tools available in each jurisdiction, the perceived ease of or potential hurdles to attachment, and their value. We then proceed with conducting targeted inquiries to obtain evidence of the ownership of those assets that will be pursued. Bf Solution may expand its inquiries to identify and include additional assets in the “friendly jurisdictions” selected for the pursuit.
Continued Recovery Support: The investigators at Bf Solution provides ongoing intelligence and evidence gathering relating to each of the recovery efforts pursued through legal recourse working on gathering intelligence about the transfer or sale of assets and monitoring the subject’s acquisition plans, regular payments made by the subjects, or the subjects’ plans and activities.
Asset Recovery Strategy: Our investigators work hand in hand with the either Bf solution legal team or with the clients appointed legal consul devising enforcement strategy’s that prioritizes the jurisdictions where enforcement efforts will be made. We classify assets within each jurisdiction as more or less desirable, based on the legal tools available in each jurisdiction, the perceived ease of or potential hurdles to attachment, and their value. We then proceed with conducting targeted inquiries to obtain evidence of the ownership of those assets that will be pursued. Bf Solution may expand its inquiries to identify and include additional assets in the “friendly jurisdictions” selected for the pursuit. Continued Recovery Support: The investigators at Bf Solution provides ongoing intelligence and evidence gathering relating to each of the recovery efforts pursued through legal recourse working on gathering intelligence about the transfer or sale of assets and monitoring the subject’s acquisition plans, regular payments made by the subjects, or the subjects’ plans and activities.
Indicated below are a list of areas our investigators specialize in Verification of ownership of the assets
- Family tree and layering of disclosed/ undisclosed entities structure to understand potential ownership
- Details of additional tangible assets and verification of ownership either through source enquiries or documented evidence, where available
- Quantum of funds and wealth in other asset classes
- Credit defaults against assets or charges registered against assets
- Detailed analysis of movements of advances towards purchase of assets or investments in facilities.
- Detailed analysis of investments in fixed assets and investment pattern in subsidiaries, if any to obtain leads of assets, of the key affiliates and subsidiaries and of the other entities.
- Proof of the ultimate beneficial ownership trail or evidence that assets represent the proceeds of a fraud or other crime.
in addition to research and financial investigation, asset tracing engagements often require insight or intelligence gathered from sources on the ground in jurisdictions around the world. Our clients and partners constantly rely on Bf solution team of investigators to call on its deep and diverse source network to help provide color and context to issues identified during investigation or through public record research.
Bribery and Corruption Investigations
Bf Solution offers a team of financial investigators, forensic accountants, financial crime compliance professionals, and investigative diligence to mitigate the risk of corruption exposure. The discovery of fraudulent activity—such as bribery or corruption—can be a devastating blow to a company’s finances, external reputation and ability to conduct business with governmental entities. But it also frequently involves varying degrees of regulatory and legal scrutiny, which carry substantial costs and can have negative effects on the organization’s day-to-day operations and longer-term business strategies. Our specialists advise corporate officers (General Counsel, Chief Compliance Officers), corporate board directors, white-collar defense attorneys and government appointed monitors, and help our clients address corruption risks and respond to multi-jurisdictional matters arising from alleged violation.
We can provide a full range of services from proactive compliance through to investigations to help you identify and mitigate the risks.
Our methodologies and bespoke client offerings include:
ABC framework assessment – Once we are contracted to assist with an issue the first step taken by our investigative team is an independent assessment of your ABC framework in relation to the Ministry of Justice guidance on adequate procedures, other international guidance and Bf Solutions view of best practice and recommend enhancements.
ABC Risk Assessments – Once the total ABC framework has been assessed and the structure reaffirmed our investigators proceed to assessing the inherent ABC risks you may be facing globally while understanding the various control measures you have in place to mitigate those risks
ABC Training and Awareness – We are strong believers in the statement prevention is better than cure our investigators liaise with you drafting and delivering tailored training including e-learning modules and face to face training and awareness sessions for high risk employees and senior executives in your business.
Maturity Assessments – understanding where your ABC compliance framework is compared to similar companies and KPMG’s view of best practice assessing gaps and/or weaknesses and developing a plan for enhancement
ABC Due Diligence (pre and post-acquisition) – the approach to managing ABC risk may be different depending on the size, sector, location and culture of a company. We help you understand the ABC risks and rewards of any potential takeover/merger, to avoid successor liability and to protect the value of your investment
Third Party Risk assessments – we assist in identifying and risk ranking your Third parties (i.e. associated persons) and designing an appropriate risk based due diligence program to manage risks from the on boarding stage and monitor throughout. We can also use our own bespoke due diligence system which includes end to end workflow management
Investigations – In a situation the crime has already been perpetrated our ABC specialists can also assist you in the investigation process when something goes wrong
We offer a wide range of expert support at every stage of a global corruption investigation.
Perform forensic accounting tests of business transactions
Collect information through publicly available material, conduct interviews and investigate beneficial relationships
Identify and preserve electronic data and hard copy records
Analyze data and uncover relevant documents and information using advanced analytics applied to unstructured data and state-of-the-art tools to analyze structured data sets
Reconstruct accounting records
Combine output with information and evidence gathered elsewhere to establish the fact pattern
Produce a report for key stakeholders based on our investigation that answers the questions who, what, where, when, how and why
Identify control weaknesses and potential gaps in the anti-corruption compliance program and accounting internal controls
Provide information to assist outside counsel on the appropriate case strategy
Create a crisis communications strategy and tactical implementation plan.
Due Diligence
The main idea behind any due diligence investigation is to mitigate risk and make informed business decisions. The risks inherent in today’s financial transactions are greater than ever. At Bf Solution we provide you the answers to questions that financial and legal analyses cannot address, especially regarding integrity issues and the reputations and backgrounds of counterparties. We help companies and individuals through our extensive experience to resolve various issues of corporate fraud or conflict with their employees or competitors. Our consistent track record of providing a maximum success rate has helped us to become one of the leading and well-known corporate investigation companies on the market. Our Due Diligence team is fully equipped with the latest technology equipment and our investigators with unbeatable experience and knowledge.
Why conduct Due Diligence Investigations?
For companies who are involved with IPO’s, mergers, acquisitions, joint venture, partnership deals and countless other business scenarios, consideration should be given to contacting us to discuss your needs so we can assist in the design of an action plan using our various services and expertise. The results of our services can act as a spotlight into past dealings and behavior which in turn may give you a glimpse of what to expect in the future. You may or may not like what you learn. Listed below are a few benefits that you gain when conducting Due Diligence Investigations:
Reduction of risk
Minimize embarrassing situations
Obtain and keep peace of mind
Ensures reliability
Nothing hidden
No surprises
It’s just a good business practice
Types of Due Diligence service we offer
Financial due diligence
The main goal behind our financial due diligence service surrounds the mitigation of risk while highlighting opportunities across business transactions in any prospective business transaction. By Identifying red flags and gather critical information. Our Financial Due Diligence team provides Quality of Earnings (QoE) and key financial analyses for both buyers & sellers. The information we provide is supported by rigorous analysis enabling decision makers take action.
For shareholders
Our business Due diligence protects shareholders by determining if transactions make sense in terms of valuation.
For Buyers
On the buy side of a deal the information we provide helps validate the asking price for an acquisition, or open one or more avenues for negotiating a better price.
For Sellers
On the selling side of a transaction this process ensures that your accounting systems and financial reports are accurate, well-organized and presented in the strongest possible light.
Indicated below are some of the key services we offer.
Key Services:
Financial Due Diligence (buy-side and sell-side)
Quality of Earnings (QoE) Analysis
Net Debt and Debt-like items
Working Capital Analysis
Assessment of Financial Report, Accounting Systems and Policies and Personnel Financial Model Review/Projections
Data Room Support
Tax Due Diligence
Income Tax Risks and Exposures
Net-income Tax Risks and Exposures
Tax Attributes
Tax Structuring
Tax-efficient Structures
Tax Benefit/Cost Modeling
Operations Advisory
Synergies Evaluation
Process Improvement
Merger Integration
Tax Due Diligence
Across this due diligence we are majorly concerned with the tax aspects of businesses assessing the total tax liability and the level of compliance across various tax laws. This service comprises the assessment of the current tax burden, main tax liabilities and relationships with the tax authorities. Compliance with tax laws and regulations is evaluated by amount and submission date – as well as risks related to social insurance and payroll taxes. Tax analysis can be conducted either in relation to a specific business situation the most valuable outcome of the tax due diligence is the Client’s full awareness of the extant tax risks and the informed decision-making in the context of tax law.
Legal due diligence
A Proper due diligence offered by bf solution will typically involve a careful examination of all materials contracts, including partnership agreements, licensing agreements, guarantees, loans and bank financing agreements. Legal due diligence is an essential part of any transaction and a mandatory