Core Competencies | TMT | FTI Consulting
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Core Competencies

Our professionals draw upon many years of industry experience to help your legal team better plan, oversee and execute complex litigation strategies while managing risk at every stage. We provide more effective litigation support and more powerful expert testimony that are supported by direct application of commercial, engineering, financial, operational and regulatory functions. Our team of seasoned accountants, data analysts, economists, engineers, financial auditors, regulators, statisticians and technology experts, provide insights into high-stakes litigation only available through industry expertise.

Our Services

Cost-of-Service

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.

TMT Dispute Advisory experts:

  • Perform cost-of-service modeling for stakeholders in a variety of TMT 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 and Valuation Analysis

A claim for damages, whether due to lost profits or asset valuation, ultimately 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.

TMT Dispute Advisory experts:

  • 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 TMT 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.

TMT Dispute Advisory experts:

  • 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, class certification and liability/damage quantification.

Engineering Processes & Technical Operations

Disputes in TMT 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.

TMT Dispute Advisory experts:

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

Industry Practices

Our experts’ success hinges on practical experience negotiating contracts, assessing metrics and evaluating performance under specific terms and conditions. Contract disputes require professionals who can substantiate their positions and survive Daubert challenges.

TMT Dispute Advisory experts:

  • Possess firsthand knowledge of a wide range of TMT-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.
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