Dispute Advisory & International Arbitration
How we can help
Companies and sovereign states are increasingly involved in domestic and international disputes as a result of the growing complexity of legal and economic regulations, international trade and contractual arrangements. It is critical to present decision-makers with clear, objective and robust analyses to assist in determining appropriate compensation where breaches of contracts, regulations or treaties are alleged to have caused damage. Our team, comprising functional experts in valuation, accounting and economics, as well as technical industry specialists, are well versed in providing sophisticated analyses to help parties and tribunals appreciate critical economic and financial issues.
How We Help
Access to accurate information, verified and analyzed by independent experts, is a key success factor in dispute proceedings. We support clients and their lawyers in meeting the complex challenges that inevitably arise in litigation or arbitration proceedings, providing robust and independent opinions on the questions under consideration. Our professionals are frequently retained to quantify economic losses and, more generally, to analyze economic issues relevant to disputes.
We support our clients at all stages of the dispute process. Our experts are experienced in writing reports for tribunals, presenting their analyses orally before arbitration tribunals and defending their conclusions during cross-examination. The experience and quality of our experts is recognized by independent, third-party rankings such as Who’s Who Legal and Chambers & Partners, which consistently rank FTI Consulting as a leading firm in the provision of expert evidence in international arbitration proceedings.
The ability to properly handle commercial disputes, including contract breaches, is imperative to maintain...
The ability to properly handle commercial disputes, including contract breaches, is imperative to maintain business continuity and drive growth. Organizations and the law firms they retain often engage the support of experienced experts who have worked extensively across industries and geographic sectors. They call on FTI Consulting to help handle the most complex business disputes and bring them to swift resolution in courts and arbitral institutions throughout the world.
Clients rely on our senior practitioners to provide expert litigation consulting, damages analyses and testifying expertise in numerous commercial litigation matters, including some of the highest-profile disputes in recent years. Clients can benefit from our expertise in many specialized areas, working directly with our consultants or with our large network of industry and academic experts. We are frequently engaged by clients in highly regulated industries, including technology, financial services, oil and gas, healthcare and energy.
Engage us to support you on complex disputes that require a multidisciplinary approach to dispute resolution. We routinely assist with matters involving breach of contract, fraud, fiduciary duties, intellectual property (“IP”), fraud and malfeasance and other subjects integral to various business and legal issues. Furthermore, clients also benefit from our substantial experience in asset recovery and judgment enforcement, toxic and mass tort, product liability, consumer class actions, financial product litigation, professional liability and securities matters.
Law firms and companies involved in a dispute or litigation, or proactively evaluating intellectual property...
Law firms and companies involved in a dispute or litigation, or proactively evaluating intellectual property in an organization, often require the support of qualified outside resources to assist them with economic IP issues. FTI Consulting and our subsidiary Compass Lexecon have a deep understanding of these situations, along with the breadth and depth of experience to provide independent expert opinions to courts and tribunals. For decades, clients around the world have relied on our integrated senior teams to expertly assist with both contentious and non-contentious IP work. We are a leading IP damages and valuation firm, drawing upon our expertise in accounting, economics and finance. Whether you are dealing with IP disputes, developing IP strategy or conducting IP valuations, you benefit from our participation. We understand the relevant factors, such as accepted or preferred valuation approaches and practices, contractual or statutory frameworks and precedent case law, that can determine or influence value. Our expertise in specific industries allows us to help clients across every sector, including high tech, financial services, biotech, pharma, medical devices, automotive, consumer products, telecom, media and entertainment and advertising. Engage us for:
Consulting services and solutions: We are well equipped to manage and advise on non-litigation IP engagements, including valuation, strategy, royalty audits and intellectual asset management and asset transactions. Clients look to us to help them understand and maximize the value of their intangible business assets. We combine economic and finance techniques to ascertain and present the value of IP assets to customers, licensees and regulators. Using econometrics and benchmark analyses, we develop robust valuations of IP assets for our clients to use in establishing transfer prices and to assist in establishing licensing/royalty rates and sales values for IP assets. We calculate losses from IP infringement, develop pricing structures for IP valuation and licensing, manage the purchase or sale of IP assets, negotiate with tax authorities and determine IP-related losses in legal disputes and arbitrations.
Expert witness services: Our experts are regularly engaged by clients in cases of patent infringement, trade secret misappropriation, non-compete/non-solicitation, breach of contract, copyright, trademarks and international trade commission matters. We deliver both written and oral evidence and testify as expert witnesses before various judicial authorities in federal, provincial and state courts as well as before administrative and arbitral tribunals, to help determine losses and remedies related to improper use of IP assets. We deliver independent, unbiased analyses and expert reports and opinions. We calculate economic losses determined under “lost profits” or “reasonable royalties” frameworks. In addition, we are able to assess how much a defendant or respondent has been unjustly enriched or profited, if applicable. Our experts also provide opinions on domestic industry, public interest, remedy and bonding before regulatory bodies.
With industry expertise spanning construction, mining, energy, media, telecoms and pharmaceuticals, among...
With industry expertise spanning construction, mining, energy, media, telecoms and pharmaceuticals, among other sectors, our experts are regularly appointed to assess damages arising from breaches of international treaties or contracts.
We are accustomed to presenting analyses and conclusions orally before arbitral tribunals and being cross-examined by opposing counsel. Our experts globally have testified in hundreds of proceedings, with damages ranging from a few million dollars to several billion.
The ever-increasing size and complexity of payroll, personnel and timekeeper databases make it difficult for...
The ever-increasing size and complexity of payroll, personnel and timekeeper databases make it difficult for organizations to make business decisions and respond to legal claims on employment discrimination issues from employees, employment applicants and governments. The entire human resources spectrum of hiring, compensation and bonus, training, experiential or commission assignments, performance evaluation, promotion and separation creates risk for both private and public sector entities. When the world’s top organizations face legal disputes involving these risks, they and their external counsel rely on FTI Consulting as a trusted, independent provider of employment dispute resolution support and advisory.
Clients engage our experienced team of senior labour and employment experts when they need to analyze large amounts of data quickly and effectively. We specialize in preparing economic and statistical analyses for clients facing disputes and compliance actions relating to wage and hour issues, class action, class certification, lost earnings and discrimination. Our team has deep labour and employment experience in handling the ever-increasing size and complexity of human resources, payroll, personnel and timekeeper databases. We can quickly and effectively utilize our specialized network analysis to improve visualizations and statistical analyses. This allows us to identify and quantify potential damage exposures that other, more traditional analyses simply miss. When resolving employment disputes, clients rely on our statistical and economic analysis of:
- Discrimination issues (e.g., race, gender, age)
- Market factors analysis in Equal Value litigation
- Wage and hour issues
- Equal employment opportunity investigation issues
- Compliance programs and audits
- Reduction-in-force discrimination assessments
- HR compensation and benefits assessment
- Mileage reimbursement analyses
- Job classification and misclassification analyses
Global financial markets are increasingly complex, creating ever more complex challenges.
Global financial markets are increasingly complex, creating ever more complex challenges. To resolve these challenges, financial and commodity market participants need innovative, analytical and strategic solutions. FTI Consulting’s testifying experts, including many recipients of academic distinctions and internationally recognized prizes, bring decades of experience in risk management, valuation, trading and regulation and building and running investment businesses. We have advised on high-profile transactions and litigation involving global capital markets and commodity industries. Our expertise covers all asset classes and investment products, including fixed income, equities, credit, foreign exchanges, cryptocurrencies, energy, commodities, derivatives and structured products, securitization and alternative investments.
Our experts have written seminal books on derivatives, traded global markets across all asset classes, built and managed leading trading businesses and advised on a broad range of transactions and litigation involving global capital markets and commodity industries. We continually invest in intellectual capital and proprietary methods and technology.