Litigation and Dispute Consulting Services

The services we provide to help our clients solve litigation and dispute challenges include:

Risk assessment and damages 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 help 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 a case’s issues. We also assist with the critique 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 in screening, coordinating, and preparing other expert witnesses.

Arbitration: We’re experienced in assisting clients and their counsel with damages relating to international commercial disputes and arbitrations, including determining and proving the “loss,” challenging alternatives, and determining foreseeability and mitigation. Some of our senior partners can act as neutral parties in various types of disputes and private arbitrations.

Buy-sell disputes: Using our extensive US and international experience in purchase and sale agreement disputes, we analyze underlying records, research complex accounting questions, and interpret contractual modifications of generally accepted accounting principles (GAAP). We consult with buyers and sellers, working as an independent arbitrator or rendering expert witness opinions in breach of representation litigation matters.

Malpractice claims: For accounting firms engaged in disputes involving professional malpractice claims, we serve as non-testifying consultants to outside counsel and provide expert witness testimony. We help analyze a matter’s technical accounting complexities, perform research and interpret professional standards, analyze our client’s work, and evaluate the merit of the claims asserted against them. We also assist outside counsel with its response to the claims, its deposition, and expert witness testimony.

Antitrust litigation support: We assist clients and their counsel across the full antitrust litigation lifecycle. This includes identifying, collecting, and analyzing 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 anticompetitive activity. Because we leverage advanced analytic tools and methodologies to integrate structured and unstructured data into a single, cohesive model, we can efficiently develop appropriate alternative damage theories and models.

Complex claims management: For companies facing a significant claim or group of related claims with the potential to disrupt normal business activity, we offer support in crisis management, incident response, project management, accounting, law, and data and claims processing. Having worked on some of the nation's largest and most intricate claims management projects, we’re experienced in analyzing the magnitude and validity of the claim(s), 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.

Construction litigation: Leveraging their advanced degrees in engineering, architecture, business, accounting, and law, Deloitte’s construction industry professionals analyze and help clients address delay and damage claims, fraud, unforeseen site conditions, change orders, inefficiencies, contract terminations, and project management issues. We also provide project management oversight for both public- and private-sector projects and serve as construction industry testifying experts.

Economic and statistical consulting: Led by PhD economists, we provide law firms, government agencies, and many types of businesses with strategic planning, pricing analysis, settlement negotiations, fact finding, damages analysis, court proceedings, and exposure analysis. Using microeconomic theory and statistical and econometric analysis, we help create concise, fact-based descriptions of consumer, corporate, and other institutional behavior—and how it affects business performance, business risk and liability, and litigation processes and outcomes. We also help develop strategic recommendations to identify appropriate actions in a wide range of business and litigation areas.

Health care disputes: Our dispute capabilities, coupled with our deep life sciences and health care experience, enable us to provide valuable insight and credible expert witness testimony in situations such as litigation between payers and providers, disputes between parties in mergers or joint ventures, and False Claims Act litigation. We bring a multidisciplinary team of seasoned industry dispute and investigation specialists, along with health care advisory professionals, to help organizations analyze the credibility and potential exposure of qui tam allegations, effectively rebut those allegations, and assist as expert witness testifiers if the matter gets litigated.

Intellectual property (IP) litigation: From IP litigation to strategy, licensing negotiations, financial evaluation, monetization, and contract investigation and compliance, we offer an array of IP-related services. We review IP case law, closely monitor new precedents, and are well-versed in the requirements and nuances of damages theories established in landmark decisions. We also assist in discovery, deposition preparation, settlement strategies, trial preparation, and expert witness testimony.

Securities litigation: Deloitte Risk and Financial Advisory offers forensic accounting, corporate investigations, and financial analysis skills for securities litigation and Securities and Exchange Commission (SEC) investigations, including all phases of 10b-5 litigation, SEC enforcement actions, and other regulatory investigations. We help identify and analyze documents, including electronic evidence, and assist with conducting interviews to help distill the complex information obtained in these investigations into a readily understandable format. We also help calculate the economic, industry, and company-specific factors that can affect an organization's stock price.