Dispute Advisory | FTI Consulting
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Dispute Advisory

Companies and their counsel throughout the telecom, media and technology space work with our experts, who are senior-level advisors with hands-on industry knowledge and complex litigation experience. Clients lean on our expertise with wireline and wireless networks, satellites, towers, spectrum, data centers, media and entertainment, equipment and devices, and intellectual property (IP). They rely on us to synthesize experience-based and data-driven insights to manage core issues, including the engineering, technological, regulatory, and financial considerations critical to complex litigation.

Areas of Expertise

Core Competencies

Drawing upon many years of industry experience, our professionals help your legal team better plan, oversee and execute complex litigation strategies while managing risk at every stage. Our team of seasoned accountants, engineers, economists, financial auditors, regulators, statisticians, data analysts and technology experts provide effective litigation support, powerful expert testimony, and insights into high-stakes litigation only available through industry expertise.

Litigation Expertise

Years of industry experience provide the foundation for our professionals to clearly communicate core conclusions from often disparate and complex data. Our background in technology, media and telecommunications, combined with our analytical capabilities, allow our experts to more quickly grasp and evaluate the core issues in a dispute and provide expert testimony in various settings, including federal, state and bankruptcy courts, arbitration and mediation proceedings. This ensures that client counsel receives timely, reasoned analytical opinions within challenging timelines.

Practical Industry Experience

Clients across the technology, media and telecom spectrum engage our dispute advisory testifying experts — senior-level industry professionals whose opinions and testimony are grounded in deep knowledge of the issues impacting the industries, world-class analytics, and decades of financial and operational experience. Clients regularly seek our assistance with their most challenging strategic initiatives, including business transformation, interim management, mergers and acquisitions, transactions and due diligence, and turnaround and restructuring.

How We Help

Advocacy and Regulatory

Matters before federal agencies, state public utility commissions, municipal boards and other administrative and governing bodies involve economic and public policy considerations that can alter competition. Our experts weigh the economic implications on both sides of the public policy debate and reach reasoned decisions appropriate for the industry and country. Clients engage us to:

  • Assist in advocacy and compliance matters, with a focus on network, geospatial and financial modeling in rate regulation and merger reviews
  • Testify in proceedings addressing cost allocation, pricing and the billing, collection and remittance of various taxes and fees

Alternative Dispute Resolution

Clients and counsel often engage us to support them in a range of alternative dispute resolution proceedings, including negotiation, mediation and domestic and international arbitration. Alternative dispute resolution provides a unique set of challenges for counsel, placing significant emphasis on prioritizing tasks and producing timely results. Let our experts:

  • Provide risk and settlement advisory services using core financial modeling competencies to create scenario analyses
  • Evaluate claims and damages based on industry-standard interpretations of contractual language and performance obligations

Business Transformation

Focused across the five major elements of the enterprise (finance, operations, people, revenue and transactions), our professionals provide our clients with an expert-driven partnership model, supporting high-impact change that focuses on driving revenues, reducing costs and improving productivity.

Having worked across the telecom, media and technology spectrum for decades, our senior professionals know your business, understand your market and are proven functional experts — and, importantly, they staff our engagements. Their expertise includes:

  • Customer profitability
  • Data analytics
  • IT efficiency
  • Performance improvement
  • Sales force effectiveness
  • Strategic communications

Class Action Litigation/Class Certification

Class action disputes require discovery review, class composition and damage assessment. We quickly identify core issues that allow client counsel to efficiently manage vast amounts of discovery while focusing on strategic objectives. Partner with us when you need us to:

  • Perform advanced data analytics, statistics and validation using class definitions to evaluate structure breaks and commonality among putative class members and opine on appropriate damage methodologies
  • Serve as non-testifying experts to help manage the discovery process and provide strategic input to support counsel’s legal strategies, motions and other filings

Cost-of-Service Analysis

Cost-of-service issues arise in a wide variety of litigation and government investigations, emerging directly from legal, regulatory or contract obligations, or indirectly as affirmative defenses. Cost-of-service analysis requires a deep dive into the operations of a company and its cost drivers. Clients engage our seasoned experts to:

  • Perform cost-of-service modeling for stakeholders in tech, media and telecom sectors and transaction-intensive industries (e.g., payment processing, telecommunications, toll roads)
  • Implement cost-causative methodologies specific to the cost objective, including, among others, contribution costs, embedded costs, forward-looking costs, replacement costs and activity-based costs

Damages, Lost Profits & Valuation Analysis

A claim for damages, whether due to lost profits or asset valuation, depends on a proper interpretation of facts and their impact on “but for” financial performance. Damage calculations and valuation opinions require a thorough understanding of how competition, technology and operations influence financial performance. Clients partner with us for assistance with these because we:

  • Understand how industry complexities relate to financial performance, which can support or undermine the foundation of an analysis
  • Combine financial, economic and statistical skills with deep industry knowledge, resulting in insights that prove influential in case outcomes

Data Analytics

Big data analysis is becoming critical in telecom, media and technology litigation and arbitration, especially for cases involving transaction disputes, cost-of-service issues, false advertising, royalty compliance and unfair billing practices. Complex litigation requires more than data manipulation. A full understanding of the issues is required to turn vast amounts of data into meaningful conclusions. Our experienced professionals can help you:

  • Develop key insights using a variety of validation, analytical and statistical tools on dedicated and secure servers
  • Perform data mining, segmentation and visualization for discovery, as well as for class certification and liability/damage quantification

Engineering Processes & Technical Operations

Disputes in the telecom, media and tech industries require deep knowledge of how the core infrastructure and underlying technologies impact service provisioning and financial returns. Our seasoned industry professionals have full command of the technical issues dealing with network footprints, capacity constraints and operating procedures. Clients work with us because we:

  • Have direct experience building and operating communications infrastructure, including the equipment and security protocols
  • Apply industry expertise and analytical acumen to process, and analyze and interpret network statistics, from interconnection and peering arrangements to customer premises equipment

Industry Practices

Contract disputes require professionals who can substantiate their positions and survive Daubert challenges. Our experts’ success hinges on practical experience negotiating contracts, assessing metrics and evaluating performance under specific terms and conditions. Clients trust us to lead them to success because we:

  • Possess firsthand knowledge of a wide range of tech-, telecom- and media-related agreements, including hosting, interconnection, professional services, purchase, resale, royalty and wholesale
  • Leverage practical industry experience to assist counsel and clients in understanding how a contract’s pricing, terms and conditions are reasonably interpreted and applied

Interim Management

Investors and owners engage our senior professionals for interim management assistance during critical and challenging periods or to achieve specific, critical goals. We have extensive experience advising and collaborating with boards of directors and executive teams to succeed in an interim management or turnaround scenario. Let us provide expert assistance with:

  • Cost reductions
  • Financing
  • Performance improvement
  • Risk management
  • Strategy
  • Strategic communications

ITC Section 337, Intellectual Property & Valuation Litigation

Valuation of intangible assets (including IP) and estimation of damages from infringement or misappropriation are often key issues in tech, media and telecom industry litigation. Our deep experience in these industries enables us to mobilize a single team of experts to address technical, market and economic intricacies. For clients around the globe, we:

  • Offer a wealth of valuation best-practice methodologies throughout the life cycle for a wide range of tech, media and telecom assets
  • Address whether a domestic industry exists or is being established by drawing on practical industry experience in domestic plant and equipment investment, R&D and licensing

Mergers & Acquisitions

Increased pressure on management to quickly deliver synergies is commonplace as expectations for value creation in M&A transactions become more transparent. While different types of acquisitions require varied responses from management, they all benefit from expert-driven advisory from specialists who know both the industry and the M&A integration process. Our areas of expertise include:

  • Asset utilization
  • Merger integration
  • Carve-outs
  • Financing
  • Post-acquisition resolution
  • Synergy execution

Royalty Compliance

Participation disputes often arise from such issues as a lack of understanding of the licensing agreement, calculation errors, poor internal controls or wrongdoing. Royalty claims require an evaluation of contractual terms related to a license and often involve an audit of royalty payments and the underlying systems. Our experts work with you to:

  • Negotiate and operate pursuant to royalty agreements across the tech, media and telecom industries and credibly interpret contractual performance obligations to evaluate damages
  • Improve royalty compliance systems and facilitate audits to perform data analytics and model lost-profits scenarios

Transactions & Due Diligence

Our tech, media and telecom transaction advisory experts offer a forward-looking perspective and have a track record of success across the entire transaction life cycle. Whether representing buyers, sellers or lenders, we offer comprehensive due diligence advice and hands-on support in evaluating opportunities across the risk/return spectrum. Our involvement includes:

  • Antitrust
  • Capital advisory
  • Carve-outs
  • IPO readiness
  • Tax
  • Valuation

Turnaround & Restructuring

With industry-specific operational experience and world-class financial expertise, our professionals have gained a highly respected record of stabilizing overleveraged companies, resolving balance sheet issues, assessing operations, restructuring debt and maximizing value to constituents. Engage us for assistance with:

  • Business plan assessment
  • Carve-outs
  • Cash management
  • Crisis communications
  • Public affairs
  • Real estate optimization
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