Operational Risk & Lawfare

Recently, I have been involved in a series of jobs involving Operational Risk.

Operational Risk arises from:

  • inadequate or failed processes and controls,
  • people
  • systems
  • external events
  • contractual obligations
  • compliance issues
  • lawfare

Lawfare is the most interesting aspect of this type of work. Lawfare is a form of asymmetric warfare that is waged via the courts with the intention of damaging the firm. Special interest groups, radicals, and competitors will use this to create financial damage and create ill will towards the targeted company.

The Investigator’s task is usually to identify the funding sources and relationship of the plaintiff to individuals and groups who would benefit from the use of this tactic.