Litigation Expertise | TMT | FTI Consulting
Collage of computer circuit Boards and monitors

Litigation Expertise

Years of industry experience provide the foundation for FTI Consulting professionals to clearly communicate core conclusions from often disparate and complex data. Our TMT-centric background, 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.

Our Services

Advocacy and Regulatory

Matters before federal agencies, state public utility commissions, municipal boards and other administrative 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.

TMT Dispute Advisory experts:

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

Alternative Dispute Resolution

FTI Consulting often supports clients and counsel 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.

TMT Dispute Advisory 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.

Class Action Litigation/Class Certification

Class action disputes require discovery review, class composition under Federal Rule 23 and damage assessment. We quickly help to identify core issues that allow client counsel to efficiently manage vast amounts of discovery while focusing on strategic objectives.

TMT Dispute Advisory experts:

  • 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.

ITC Section 337, Intellectual Property & Valuation Litigation

Valuation of intangible assets (including IP) and/or estimation of damages from infringement or misappropriation are often key issues in TMT industry litigation. Our TMT industry experience enables us to mobilize a single team of experts to address technical, market and economic intricacies.

TMT Dispute Advisory experts:

  • Offer a wealth of valuation best-practice methodologies throughout the life cycle for a wide range of TMT 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.

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.

TMT Dispute Advisory experts:

  • Have negotiated and operated pursuant to royalty agreements across the TMT industries and can credibly interpret contractual performance obligations to evaluate damages.
  • Improve royalty compliance systems and facilitate audits to perform data analytics and model lost-profits scenarios.
More Info

Share this page