Dispute Advisory Services

FTI Consulting synthesizes financial, competitive and industry information to help clients unravel challenging financial and economic issues in commercial disputes. Our experienced global team provides valuable insight and clarity, helping clients during every stage of a contested matter, from early case assessment and discovery to case strategy, damages analysis and settlement services. Our senior professionals are highly skilled at communicating our findings through expert testimony in various settings, including in federal and state courts, as well as in arbitration and mediation proceedings.

Arbitration

The accounting, economics and finance specialists on the global arbitration team have extensive experience in valuation and damages quantification in the context of treaty and commercial arbitration. FTI Consulting experts clearly and concisely substantiate damages calculations with written reports and expert testimony.

Our arbitration specialists regularly testify in treaty and commercial arbitrations before major international bodies, including the ICC, LCIA, SCC, ICDR, ICSID (including NAFTA and ECT disputes), and the Iran-U.S. Claims Tribunal, as well as ad hoc arbitrations, domestic courts and tribunals.

Accountant Malpractice Claims

We have provided investigative accounting and litigation consulting services in investigations, litigations and regulatory or professional proceedings that involve accounting and professional malpractice allegations. Our accomplished experts regularly serve as witnesses, prepare reports and help clients assess, defend or settle investigations by regulatory authorities.

Class Action Disputes

The class action team supports clients with proprietary modeling and settlement tools, which enable analysis and successful resolution of class action disputes. Our litigation consultants and technical advisors help clients defeat class certification, testify on appropriate damages and administer class settlements.

General & Commercial Dispute Services

FTI Consulting experts help clients unravel accounting and financial complexities in commercial disputes across all industry sectors and help bring a dispute to an efficient and cost-effective resolution.  We can assist in all phases of judicial, regulatory and administrative disputes from early case assessment and pre-trial discovery through trial and appeal. Team members also act as independent accounting and/or damages experts.

The team provides independent analysis of economic risks, costs and benefits of litigation on issues, including:

  • Accounting disputes
  • Breach of contract
  • Corporate unity/alter ego
  • Distributor disputes
  • Franchise disputes
  • International arbitrations
  • Joint venture disputes
  • Lender liability
  • Professional malpractice
  • Unfair business practices

Post-acquisition Disputes

FTI Consulting has the resources to help companies navigate complicated post-acquisition disputes. Our experts have extensive experience analyzing purchase price issues, assessing the value of businesses and facilitating dispute resolution. Our professionals offer innovative solutions to resolve disputes regarding accounting judgments and valuations from the point of view of the buyer, the seller or an independent arbitrator/mediator.

The experienced, multidisciplinary post-acquisition dispute team assists clients with a range of critical issues, including:

  • Due diligence
  • Risk exposure for purchase price adjustments
  • Working capital adjustments
  • Closing date balance sheet claims
  • Resolution of earn-out issues
  • Assessment of “benefit-of-the-bargain” damages, lost profits or value diminutions

Securities & Finance Advisory Services

With proven expertise in the economic analysis of securities, the markets they trade in and their valuation, FTI Consulting provides companies and their counsel a comprehensive range of consulting and expert witness services in matters such as shareholder class action litigation, allegations of stock options backdating, market timing issues in mutual fund trading, hedge fund litigation, market manipulation, the valuation of subprime portfolios and the effect of financial disclosures on a company’s stock price.

Damages Analysis

FTI Consulting has deep expertise helping clients to prepare and interpret damages analyses. Drawing upon a thorough understanding of the links among damages, causation and liability, our highly qualified specialists apply their accounting, forecasting and financial reporting expertise to develop logical, highly defensible determinations of damages. Our consultants are experts in their respective fields and have a thorough understanding of how to present damages in a clear and concise way.

Expert Testimony

FTI Consulting provides access to a prestigious team with both in-the-field and in-the-courtroom experience in accounting, finance, economics, valuation, computer forensics and fraud investigation. We have testified on behalf of both plaintiffs and defendants in federal and state proceedings, in arbitration, and before administrative agencies and in tax court.

To testify in support of our clients, FTI Consulting experts routinely prevail against opposition challenges in Daubert hearings. The expert testimony team offers a range of specialized services, including:

  • Analysis of financial records and business conduct
  • Assistance in developing and responding to discovery requests
  • Critiques of opposing expert analyses
  • Financial advice in the settlement process
  • Support for witness preparations
  • Preparation of expert opinions, affidavits and reports
  • Formulation of deposition questions
  • Research on relevant economic, industry and market data

Valuation

Our professionals provide valuation consulting services in connection with disputes, transactions and day-to-day corporate management.  Because our valuations are consistent with the methods commonly used for the intended valuation purpose and are successfully supported and communicated based on the intended use and audience, our valuations not only solve problems, they help prevent problems.

FTI Consulting offers a broad range of valuation services to expedite transactions and resolve disputes using the most cost-effective and efficient approach. We not only solve valuation problems, we proactively prevent problems from occurring by using the most appropriate valuation approach for each scenario and then supporting that valuation with a strong, targeted communications program. FTI Consulting valuation services include:

  • Restructuring valuation services
  • Litigation consulting and witness testimony
  • Transaction advisory services
  • Valuation of intangible assets and goodwill
  • Tax-related valuation opinions

Our credentialed expert valuation team draws upon years of industry experience with the most prominent accounting firms, valuation firms and investment banks. Clients include private and public companies, as well as leading law firms and major government agencies.

Securities Lending

FTI Consulting has substantial experience in high-stakes securities lending matters, providing expert and work product consulting services from an academic, industry, regulatory and consulting services perspective. Our primary focus is in such areas as investment suitability, investment prudence, holistic analysis, fees analysis, complex damages, class certification analysis, business purpose and economic substance, and authoritative research.

Our clients, including retirement and pension plan administrators and other market participants, partner with us as they face financial and liquidity crisis litigation—i.e., ERISA disputes, securities class actions, and commercial disputes.

Expert Testimony

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General & Commercial Dispute Advisory Services

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Post-Acquisition Dispute Advisory Services

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Securities and Finance Advisory Services

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Securities Lending Disputes

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