Commercial and Economic Disputes Expert Services
Kroll excels in assessing financial loss and damages in complex commercial litigation, and offers robust analysis and testimony in M&A and post-acquisition matters.
Economic Damages Analysis
Kroll's experts help businesses through the course of disputes and investigations by providing critical damages analyses and expert testimony across a range of economic issues and disputes.
Kroll’s experts provide robust financial, economic and valuation analyses and document review throughout each stage of the dispute process and present our conclusions and findings in a clear, compelling and credible manner. We have provided independent expert testimony on damages in a variety of court and arbitral forums in various jurisdictions.
Our work in this area has included a variety of large and small public and private company contexts across a range of industries and includes partnership disputes, breach of contract matters, breach of fiduciary duty matters, unjust enrichment matters and cross-border disputes.
In addition, we have significant experience across sectors vulnerable to class action and mass tort claims, including the automotive, manufacturing, pharmaceutical and non-profit sectors. We also offer full-service competition and antitrust advisory.
Kroll’s economists assist clients with competition damages claims and market investigations. We help clients with core competition economics issues such as market delineation exercises, market power assessments, merger simulation modeling and advice on anti-competitive agreements, merger clearances and state aid issues.
Our experts are also able to estimate the extent of any potential overcharge from a cartel and consider the scope of any pass-on effects.
Kroll's team of highly trained experts provides critical insights and analyses to our clients facing challenges in the boardroom or courtroom. Whether you are looking to estimate potential damages or seeking an expert witness to provide testimony in court, Kroll’s teams of professionals can assist.
Our professionals provide in-depth expert analysis and testimony in a variety of matters, including:
- Economic Damages Analysis
- Post-Acquisition Disputes
- Shareholder and Securities Disputes
- Insurance Claims and Litigation
- Regulatory and Offshore Disputes and Advisory
- Capital Markets, Financial Securities and Banking Disputes
We have extensive testifying experience in litigation and international arbitration under various rules, including those of the International Chamber of Commerce (ICC), International Centre for the Settlement of Investment Disputes (ICSID), London Court of International Arbitration (LCIA), Swedish Chamber of Commerce (SCC), American Arbitration Association (AAA), Hong Kong International Arbitration Centre (HKIAC), Singapore International Arbitration Centre (SIAC) and in state and federal jurisdictions, including, for example, various U.S. District Courts and the Delaware Court of Chancery.
Discover how Kroll was uniquely positioned to provide data analysis, testifying expertise, valuation work and computer forensics solutions to assist in multiple lawsuits against Bernard L. Madoff Investment Securities. Request our qualifications
Post-Acquisition Disputes
Kroll’s post-acquisition disputes professionals combine accounting, valuation, financial and fact-finding expertise with experience in litigation consulting, including expert testimony, as well as substantial experience in post-acquisition transactions and as a neutral third-party arbitrator regarding post-acquisition issues. We help public and private companies, insurance carriers, venture capital firms and private equity funds with disputes ranging from routine negotiation of post-closing differences and resolution proceedings administered by our neutral accountants to formal arbitration hearings and in-court litigation.
Our professionals provide a range of post-acquisition services including quantifying damages related to breaches of contract or financial misstatements, properly evaluating transferred working capital, determining whether earnout thresholds have been achieved, reviewing claimed breaches of financial statement representations and warranties and investigating allegations of fraud as necessary. We are also able to serve as neutral accounting arbitrators for parties seeking alternative dispute resolution methods outside of litigation.
Shareholder and Securities Disputes
We have been pivotal in cases where valuation is key, including appraisal cases, shareholder buyouts and minority shareholder oppression scenarios. We provide analysis, modeling and valuation of businesses across a range of complex situations, industries and regions. We specialize in a range of securities, including public and private equity, straight, convertible and other hybrid debt instruments. We also cover LIBOR, FX various market rates or indices and an array of derivatives securities like futures, forwards, options and swaps.
As the largest valuation firm and a leader in valuing complex equity, debt and derivative instruments, we are uniquely qualified to analyze and quantify complex securities, derivatives, unique trading strategies and financial transactions in disputes. Our experts provide comprehensive consulting support across the entire lifecycle of securities investigations and litigation matters. This includes initial case evaluation, discovery, risk assessments, expert reports and providing testimony and damages analyses.
Refer to our Annual Case Summaries for key business valuation decisions from the Delaware Court of Chancery.
Regulatory and Offshore Disputes and Advisory
Kroll’s regulatory experts are well-versed in both regulation and incentive design across various sectors. As recognized leaders in financial services regulation and behavioral economics, our experts are strategically positioned to evaluate regulatory decisions within the industry and gauge their impact on consumers.
Our roster includes seasoned professionals with backgrounds as in-house legal and compliance experts for broker-dealers as well as former enforcement agents and securities regulators. This diverse experience provides our experts with a profound understanding of intricate industry concepts.
Kroll also advises on disputes requiring offshore expertise. Regardless of whether the involved parties are offshore entities, investors in those entities, or the matter pertains to offshore operations, assets, or structures, we can help.
Insurance Claims and Litigation
Kroll provides analyses and investigative accounting for any type of litigation involving insurance claims. Our team documents and reviews throughout each stage of the dispute process and presents clear conclusions and findings. With experience in both claim preparation and review, Kroll’s team of industry professionals provide balanced quantifications based on reasonable assumptions and sound financial analysis.
Capital Markets, Financial Securities, and Banking Disputes
As the largest valuation firm and a leader in valuing complex debt, equity and derivative instruments, we are uniquely qualified to analyze and quantify complex securities, derivatives, unique trading strategies and financial transactions in a dispute context. Our professionals provide consulting support across the entire lifecycle of securities investigations and litigation matters, including initial case evaluation, discovery, risk assessments, expert reports and testimony and damages analysis.
Kroll's experts also advise on a wide range of matters arising from terminated M&A deals, post-closing and post-acquisition disputes, hostile takeover bids, activist shareholder campaigns, public and private financing transactions and securities litigation.
In disputes involving public companies, our experts perform event studies to assist in measuring the economic effects of a triggering event or set of events on the share price of the listed firm, for example, in class action cases involving alleged accounting misstatements and fraud involving the company. Kroll’s economists can undertake detailed event studies, identify relevant benchmarks, recreate share prices ‘but for’ the events and perform detailed portfolio and claimant modeling to assess the extent of losses incurred by investors during the course of the event.
For regulated firms, our Financial Services Regulation and Compliance team provides assistance to develop, implement and manage global compliance and regulatory consulting programs.
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Expert Services
Kroll provides independent expert analysis, testimony and advice for clients. Our consulting experts perform objective and reliable analyses to help businesses, investors and legal advisers establish facts, determine values, assess quantum of damages and settle critical questions.
Construction Expert Services
Expert analysis, testimony and advice for construction and engineering disputes and projects.
Intellectual Property Expert Services
Valuation, strategic consulting, investigations, expert witness testimony and transfer pricing services related to intellectual property rights and transactions and information risk.
Accounting Expert Services
Kroll offers forensic accounting, litigations consulting and expert dispute resolution from post-acquisition disputes to tax claims, ensuring clarity and precision.
