Litigation and Dispute Consulting
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We help organizations predict and detect fraud risks. We review and investigate suspicions of fraud, and unethical behaviour by employees or third parties. An early response to reported fraudulent behaviour can reduce financial and reputational damage. Find out how to deal with such situations.
We support clients during litigation and business disputes
Litigation and complex business disputes are a growing risk for corporations around the world. They have the potential to disrupt business, damage reputations, and generate significant costs. Internal and external legal counsel play vital roles, but other specialists may also be needed to influence outcomes. Experienced, effective litigation and dispute consultants provide valuable insight and clarity to help manage risk, create value, and power performance.
In today’s corporate reality, business partners often need to deal with disputes. Usually the parties seek to settle disputes amicably and to their mutual benefit. However, the background and detailed information related to such cases can be extremely complex and advice is often needed from specialized professionals, such as Deloitte’s forensic team.
Our international network has extensive experience of providing expert evidence and acting as arbitrators. Our firms can assist in resolving multi-jurisdictional disputes and assist claimants, respondents, or an independent arbitrator.
Our team can assist you in all stages of a dispute resolution process. Our services include data collection and analysis for proceedings, preparation of strategies for resolving disputes, mediation services, calculation of damages, and providing expert testimony in court proceedings.
We find the appropriate expert from within our firm based on the key area of expertise required. We ensure that our expert reports are subjected to the same challenge and testing methodology and review process.
How we can help
We apply our decades of experience and knowledge from thousands of cases to each stage of a litigation or dispute engagement, including case theory development and discovery and expert witness testimony. Thanks to the global resources of the Deloitte Touche Tohmatsu Limited (DTTL) network of member firms, we can leverage the collective knowledge, experience, and judgment of our colleagues at DTTL member firms to support our clients almost anywhere in the world.
We provide our clients with a very extensive range of services, including:
- Recommending additional investigation steps during a legal process
- Assistance with negotiation strategy and damages assessment, including identification of the best options for managing a dispute process with regard to factual findings
- Mediation services
- Collecting and analysing information and data relevant to a dispute
- Keeping the client updated regarding the court proceedings
- Acting as accounting advisors and expert witnesses in national and international disputes
- Expert determination of contractual entitlements regarding resolving disagreements between contractual parties, including interviews
- Economic damage and loss calculations
- Collection of available data and documentation or other relevant evidence retrieval for cases
- Detailed evidence review:
- extensive electronic analyses of trends, gaps, errors and development of supplied data
- manual review of support documentation and predefined analyses
Our core services
Risk assessment and damage exposure: We assist with identifying and assessing potential strengths and weaknesses of an opponent’s damages position, settlement offers, and cost/benefit analyses to help clients effectively manage their case strategies.
Financial analyses and damages theories: We perform market and competitive analyses, cost determinations, lost profit analyses, economic studies, statistical analyses, and industry reviews to help our clients develop credible damages theories and models appropriate to case issues. We also assist with critiques of the adversary’s position.
Expert witness testimony: Our professionals are skilled communicators in trials and other dispute resolution forums with years of experience testifying before judges, juries, and arbitrators in complicated areas of business, economics, and finance. We can also assist with screening, coordinating, and preparing other experts.
Arbitration: We are experienced in assisting clients and their counsel as regards damages relating to international commercial disputes and arbitrations, including determining and documenting losses, challenging alternatives, and determining foreseeability and mitigation. Our senior partners act as neutral parties in various disputes and private arbitrations.
Buy/sell disputes: Using our extensive international experience in purchase and sale agreement disputes, we analyse records, research complex accounting questions, and interpret contractual modifications of Generally Accepted Accounting Principles (GAAP). We consult with buyers and sellers, work as an independent arbitrator and provide expert witness opinions as regards representation litigation matters.
Antitrust litigation support: We assist clients and their counsel across the full antitrust litigation lifecycle. This includes identifying, collecting, and analysing relevant data; responding to litigation discovery requests; using forensic technology to review data; developing damages analyses; and presenting expert witness testimony. We also help obtain and understand the facts surrounding alleged anti-competitive activity.
Complex claim management: For companies facing a significant claim or group of related claims with the potential to disrupt normal business activity, we offer support with crisis management, incident response, project management, accounting, law, and data and claim processing. We have extensive experience of working on intricate claim management projects, and analysing the magnitude and validity of claims, assessing remediation options, demonstrating to stakeholders that an organized response is being developed and implemented, executing a carefully structured remediation plan, and addressing related compliance, commercial, and reputational risks.