Dispute Advisory

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:

• Advanced data analytics, statistics and validation 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 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 the TMT sectors and transaction-intensive industries (e.g., payment processing, telecommunications and 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

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 because our 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

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. Our experienced professionals can help you:

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

Disputes in the 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. 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, analyze and interpret network statistics, from interconnection and peering arrangements to customer premises equipment

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 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

Valuation of intangible assets and estimation of damages from infringement or misappropriation are often key issues in TMT 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 provide the following services:

• Valuation best-practice methodologies throughout the life cycle for a wide range of TMT assets
• Assessment of whether a domestic industry exists or is being established by drawing on practical industry experience in domestic plant and equipment investment, research and development and licensing

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 TMT industries and interpret contractual performance obligations to evaluate damages
• Improve royalty compliance systems and facilitate audits to perform data analytics and model lost-profits scenarios