Risk Analysis & Mitigation



Having litigated arguably more insurance claims than any other law firm in the United States, Wilson Elser appreciates the fundamentals of strong risk management protocols and the menacing repercussions of their absence.

Whether serving our clients directly or in collaboration with client-designated risk management specialists, we add value by bringing to bear 45 years of experience handling every conceivable type of liability claim. We know how to develop and implement the processes and procedures that keep our clients ahead of the risks that otherwise generate claims or can even undo their businesses.

Our services begin with a thorough understanding of our clients’ specific requirements and areas of potential exposure. Placing the highest premium on reducing claims, we conduct audits designed to help clients understand their risk profile and potential liability exposure. We perform up-front assessments of an organization’s business, legal position and needs. The depth and breadth of our knowledge of many industries and commercial enterprises flatten the learning curve and allows us to concentrate our efforts on curbing our clients’ risks as well as protecting their brands.

As appropriate, we assist in developing company policies, contracts, site modifications or processes designed to reduce risk and liability exposure. Directly leveraging our litigation experience, we routinely advise on potential claim scenarios with respect to underwriting certain classes of business and perform claim audits designed to evaluate loss exposures. We also publish frequent and timely alerts to keep our clients informed of key legal decisions and developments that impact their respective businesses and risk profiles.

Wilson Elser is committed to helping our clients recognize, confront and contain risk. When identified risks are mitigated or eliminated, companies are better positioned to weather uncertain economic times, increase bottom-line profitability, and protect their brand and public image.

Once engaged on risk management matters – often as part of a client-designated team of strategic resources – we conduct a vulnerability assessment designed to explore the nature of a business; inherent exposures, including those arising from third-party vendors; and crisis preparedness. We then identify how risk can best be reduced or eliminated and execute against the resulting objectives, which frequently include putting appropriate systems and protocols in place and conducting employee training. We also explore methods of shifting risk downstream, such as the judicious use of carefully crafted indemnity provisions.