Litigation
One route for dispute resolution lies in litigation through the courts. We tailor our approach to the specificities of each situation, combining our expertise in finance, economics, valuation, engineering, strategy, and accounting to deliver tailor-made solutions.
We provide expert opinions in different types of litigation cases, in particular: antitrust, commercial, construction, criminal, intellectual property, M&A, shareholder disputes, restructuring and tax.
Antitrust litigation
In the wake of public enforcement actions by national competition authorities or the European Commission, antitrust litigation often ensues, with potential victims seeking damages from convicted companies.
We assist both claimants and defendants in quantifying damages stemming from collusion or abuses of dominance. Leveraging sophisticated proven economic and financial techniques, we deliver tailored, fact-based analysis that supports compelling arguments. In cases where companies seek to establish or refute anticompetitive behaviour directly in court, without any involvement from competition authorities, we offer comprehensive support. Our services encompass thorough assessments of facts, economic effects, and damage quantification, ensuring a well-rounded approach to the litigation strategy.
Our advice enables clients to negotiate settlements and counter other parties’ expert assessments in court effectively. It is instrumental to case resolution.
Commercial litigation
In the context of commercial agreements, unforeseen events can regularly lead to disputes between parties, for example contractual breaches or early contract termination. These disputes may result in one party seeking compensation from another.
We offer a tailored approach to each litigation case, conducting meticulous analysis of factual circumstances and defining credible counterfactual scenarios to assess financial damages incurred by the claimant. This may involve calculating a compensatory claim with the claimant or rebutting their allegations on behalf of the defendants while providing an alternative computation. Our methodologies encompass sophisticated loss of profit calculations and internationally recognised valuation techniques, ensuring robust and defensible analysis.
Our precise quantification of financial damages, coupled with expert testimony, assists clients in making informed decisions.
Construction litigation
Disputes in major projects can arise from several different situations, such as delays, disruptions, extra works or even the early termination of the project. Such disputes give rise to questions around quantification of damages for both plaintiffs and defendants.
Our multidisciplinary team of construction specialists provides advice and assistance to contractors and owners in construction disputes. They act as both delay and quantum expert witnesses in litigation and arbitration proceedings.
Our advice enables clients to navigate construction disputes more effectively and mitigate risks. Our detailed assessments and expert testimony help to clarify complex construction issues, strengthen legal arguments, and ultimately ease the decision of the court.
Criminal cases
At any given moment, a company may encounter situations of fraud or misconduct, including bribery, money laundering, conflicts of interest, theft, tax evasion, and misreporting. These situations require prompt identification to effectively address these issues and, if necessary, to engage with the relevant authorities or courts to protect the company’s rights and interests.
We conduct thorough investigations to uncover the issue and clarify its underlying mechanisms. Our investigations are carried out by a multidisciplinary team that includes forensic investigators, technology specialists, accountants, economists, data scientists, and corporate intelligence experts.
Our team delivers objective, clear, and comprehensive conclusions to assist our clients in understanding and addressing these issues. Our reports demystify complex matters and can be submitted to the relevant authorities or courts as needed.
Intellectual property disputes
Patent infringement, trademark counterfeiting, and intellectual property theft are some examples of issues that can lead to intellectual property disputes, presenting complex legal and business challenges.
In IP-related disputes, our experts conduct comprehensive analyses to calculate damages. Our broad IP experience beyond litigation enables us to offer unique insights into the economic and financial aspects of IP in the context of litigation. Our conclusions are clear, coherent, and grounded in facts.
Our compelling economic and financial findings, combined with lawyers arguments, provide invaluable support to clients in court.
M&A litigation
M&A transactions frequently give rise to disagreements or disputes between buyers and sellers. These relate to overprice adjustments, earn-out formulae, accusations of fraud, and breaches of representations or warranties.
At any stage, from preliminary discussions to litigation or arbitration, our profound understanding of M&A processes and share purchase agreements, coupled with our specialised skills in accounting and valuation, enables us to facilitate the optimal resolution of these disputes. We also serve as neutral valuation experts, appointed by both parties, to impartially determine the transaction’s price in case of disagreement.
Our holistic approach enables clients to effectively defend their interests in line with the provisions of the agreements. It helps the parties (or the deciding expert or tribunal) to get a clear and objective view and assessment of the financial consequences of the alleged breach or disagreement between the parties.
Shareholder disputes
Shareholder disputes can arise from various situations including breaches of shareholder agreements or fiduciary duty, dividend policies, divergences of opinion on strategic decisions, exit issues disrupting business operations and investor relations.
Our team of multidisciplinary experts in accounting, valuation, and forensics facilitates the optimal resolution of these disputes. We also serve as neutral valuation experts, appointed by both parties, to impartially determine the transaction’s price when disagreements on the exit price emerge.
Our advice helps the parties (or the deciding expert or tribunal) to get a clear and objective view and assessment of the financial consequences of the alleged breach or disagreement between the parties.
Restructuring litigation
Instances of restructuring can often lead to conflictual or contentious situations, involving managers of the failing entity, its shareholders, and its creditors. Such cases can include allegations of fraud or misconduct, claims for the reimbursement of liabilities, or objections to bankruptcy filings.
Our multidisciplinary team, composed of restructuring financial experts and valuation specialists, can intervene in both amicable and contentious phases. We can also act as independent experts appointed by the courts to analyze, for example, the causes of asset insufficiency and the potential responsibilities of various actors in the company’s failure, as well as the damages suffered by creditors.
Our holistic approach allows our clients to effectively defend their interests. It helps the parties (or the deciding expert or tribunal) to get a clear and objective view of the facts and their financial consequences.
Tax disputes
Companies may face tax disputes, in which tax authorities challenge their tax positions, structures or planning. These disputes may involve profit allocation among subsidiaries worldwide, transfer pricing policies, or the valuation and remuneration of intangible assets like technology or brand. Such cases are generally complex and carry significant stakes.
In these cases, our multidisciplinary team, consisting of economists, financial experts, and transfer pricing specialists, delivers clear, coherent, and fact-based conclusions. Our innovative approach relies on solid financial analyses and objective data, leading to actionable insights.
Our analyses are instrumental in helping our clients resolve their tax disputes, providing a foundation for settlement with the tax authorities and for an expert opinion in court.