CONSULTING & TESTIFYING EXPERT SERVICES




DURING CASE & STRATEGIC DEVELOPMENT PHASE:
➧ We preliminarily evaluate the tenability of business liability arguments & develop applicable damage theories
➧ Sharpen the focus of strategic decision making by identifying case-specific business, economic, financial and accounting matters
➧ Show where "footprints" in the ordinary-course-of-business were likely produced as a result of alleged dispute-caused operational anomalies, intervening business inflection points and/or suspected financial crimes
➧ Help identify dispute-related business records, fact witnesses and parties-of-interest, including ordinary-course-of-business electronic databases, plus information likely captured & documented by external sources, such as related counterparties, customers and auditors
➧ Design & develop case-specific work plans, hourly budgets and fee estimates
DURING DISCOVERY, FACT FINDING & OPINION FORMATION PHASE:
➧ We assist in the preparation of document production requests and interrogatories
➧ Help obtain, assemble & organize relevant electronic data, transactional documents & marketplace metrics
➧ Reconstruct the business, managerial, marketplace, economic & financial scenarios in which the subject events and/or actions took place, given the documents produced, deposition testimony provided & relevant external information gathered
➧ Evaluate the subject parties’ likely culpability for causing and/or failing to prevent (or timely detect) control failures, asset misappropriations, valuation misstatements, operational inefficiencies, regulatory noncompliance and/or contractual misdeeds
➧ Isolate the deleterious effects—Accounting, Economic, Finance, Operating—caused by the alleged wrongful and/or omitted acts
➧ Identify & map the relevant causal relationships to matters of interest; calculate the consequential lost revenues, extra costs, lost profits and/or impaired values, as well as develop & consider alternative causation and economic damage theories
➧ Analyze the reports & claims of opposing experts
➧ Assist in the deposition and/or interview of targeted parties-of-interest , opposing experts & fact witnesses
➧ Prepare court-required expert reports & provide deposition testimony
FOR PRESENTATION & TRIAL PREPARATION:
➧ We cystallize our understanding of the legally admitted (including externally sourced) facts and circumstances & re-map the results to our previously formed expert opinions and underlying assumptions
➧ Develop presentations demonstrating the factual, theoretical & foundational assumptions supporting our expert positions
➧ Evaluate the consistency of opposing experts' positions & demonstrative evidence vis-a-vis their previously provided case-specific deposition(s) & their earlier published technical positions & expert testimony
➧ Assist counsel in the development of technical rebuttal arguments
AT TRIAL:
➧ We assist counsel in the development of cross examination questions for opposing experts & fact witnesses
➧ Compare opposing experts' trial testimony to earlier deposition testimony provided, expert reports and prior technical positions taken
➧ Provide expert testimony