20 keys to understanding and establishing communications protocols for risk assessments

The concern is how to properly advise the organization without creating a record that could be discoverable in litigation

Proactive risk assessment can be a powerful tool for an organization seeking to avoid a litigation or regulatory "event." Failure of the organization to accurately anticipate risk can have serious consequences, including a damaged brand, excessive legal fees and a transformed organizational focus away from generating revenue to responding to discovery or regulatory inquiries.

There are a number of concerns that are often raised as organizations consider conducting a risk assessment. The question for management, in most instances, is whether a risk assessment uncovers information or facts that, once discovered, could potentially be discoverable and damaging — and very costly to address.

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