Peter Kay is a Senior Managing Director and a Co-Leader of Americas Data & Analytics at FTI Consulting. He is a member of the Forensic & Litigation Consulting segment and is based in Boston. Mr. Kay works in the Data & Analytics practice where he assists clients with complex data-intensive disputes and regulatory investigations.
For over 20 years he has provided litigation, financial, and business consulting services to organizations and their counsel involving a variety of business issues and disputes. His areas of specialization include: complex claims management; data acquisition and forensic analysis of financial, transactional, and operational datasets; risk and economic modelling of mortgage- backed securities and whole loans; complex insurance claim disputes; bankruptcies and other cases requiring analysis and modelling of structured financial data. Mr. Kay has testified on data acquisition and management, authored numerous expert reports, prepared reserve and off-set analyses for SEC financial reporting, lead mass tort insurance claims settlement negotiations, and provided numerous presentations to company boards, CFOs, CEOs, GCs, and their counsel.
Mr. Kay has extensive experience managing large financial service and litigation engagements both domestically and internationally. He has served clients in the financial sector, including banks, hedge funds, and investors. He has worked in nearly every major industry, including insurance, oil & gas, chemical, pharmaceutical, pulp & paper, utility/energy, pumps and fluid technology, telecommunications, electronics, glass and plastics, construction, automotive, and general manufacturing.
- Mr. Kay is currently working with banks and other financial institutions on numerous residential mortgage-backed securities and whole loan breach of contract, class action, and put-back claim matters involving primarily investor and monoline insurer counterparties. These matters involve class certification analysis; evaluation of contractual representations and warrantees; sampling and risk modelling of large securitized loan pools; extensive review and analysis of underwriting guidelines and practices across different origination periods; analysis of origination, servicing reviews, and performance data analysis; detailed loan- level re-underwriting and reporting; causation analysis; preparation of loan-level rebuttal expert reports; and both underwriting and servicing testimony.
- Mr. Kay recently worked on a large banking matter in response to a SEC action involving prior security lending. This matter required a detailed analysis of redemptive activity by custodial clients of the bank who participated in securities lending. The analysis sought to determine which lending transactions may have fallen outside restrictions imposed by the bank; and to quantify the impact to liquidity within the cash collateral pools. The primary dataset, comprised of millions of records, represented month-end loan balances, by loan vehicle, for each participating client fund, aggregated at the CUSIP level. Complex data modelling techniques were deployed to provide the bank with a statistical analysis of “excess liquidity consumption” as a potential measure of harm.