Litigation Advisory

We identify the crux of the matter quickly and reveal case blind spots. Our experts can help you:

• Identify the right conceptual frameworks and analytical techniques so that case resources can be deployed efficiently
• Anticipate opposing conceptual frameworks and arguments (and the strengths of those arguments) so that informed decisions can be made before committing and allocating resources to a case
• Provide upfront feedback on potential areas of investigation and analysis that may be ineffective

Our team uses versatile and proven analytical frameworks early in a matter to streamline case development and minimise risks, including:

• Generating conceptual and evidence-based arguments
• Preparing quantum estimation models to not only assess the value of a case, but also to ascertain if the case is worth progressing
• Assessing liability and loss causation arguments using advanced analytics techniques

Big data and analytics can expand the breadth of evidence in litigation. We help you identify information needs at an early stage to support efficient data gathering and strategy formulation.

Our experts can:

• Navigate large datasets quickly and identify crucial pieces of information (and gaps in information)
• Avoid lost opportunities to make compelling arguments caused by not foreseeing the importance of certain data early in a case
• Identify specific data sources that are potentially useful to argument formulation
• Perform initial data analysis to make complex data more relatable and visible
• Test hypotheses to reveal promising lines of attack and defence
• Interface with end-clients about obtaining data

We have experience managing complex cases with multiple stakeholders and experts. We can help you:

• Determine whether an expert is required at all
• Identify the right type of expert given the facts of the case
• Assist with expert instructions
• Assist with identifying relevant data and material that is briefed to the expert
• Assist in answering questions raised by the expert
• Assist in scrutinising the expert’s draft report
• Assist in preparing the expert for trial

Our team has extensive class action and group action management experience. We have expertise in data collection, data management, and distribution of funds. We can:

• Identify relevant information and data requirements
• Determine sample size
• Design questionnaires to extract relevant data
• Design and create websites to extract detailed data and documents
• Manage and secure data
• Integrate group member data into existing IT systems
• Design distribution schemes
• Interact with class and group members to verify and validate data
• Generate correspondence and communicate with group members
• Calculate funds for distribution to members
• Prepare for the final account of funds including unclaimed funds

We have experience working on a wide range of matters spanning dozens of industries. Our case experience includes:

• Aboriginal and Torres Strait Islander ‘stolen wages’ claims
• Accounting restatement and internal control claims
• Acquisition, shareholder, and partnership disputes
• Agricultural claims
• Breach of fiduciary duty claims
• Breach of contract and warranty claims
• Bribery claims including with respect to FCPA violations
• Building and construction costing assessments
• Business interruption claims including with respect to natural disasters
• Business and asset valuations
• Church sexual abuse claims
• Class Action – data survey design
• Class action – damages composition advice
• Class action – electronic data collection, housing and analysis
• Class action – ‘clean’ expert briefing
• Commercial disputes
• Corporate disclosure and securities claims
• Corporate governance claims
• Employment underpayment and discrimination claims
• Employee misconduct and rogue trader claims
• Excessive fee claims including with respect to financial services
• Financial advice and planning compensation claims, including trustee negligence
• Financial crime
• Forensic technology
• Fraud claims
• General damages claims
• Insolvent trading claims
• Intellectual property claims
• Insurance claim disputes
• Misleading advertising claims
• Personal injury claims including with respect to asbestos and September 11
• Professional negligence in regard to accounting, financial advisory, and taxation advice
• Regulatory investigations including with respect to competition issues
• Retail lease disputes
• Securities class actions
• Sports industry claims
• Trade practices/consumer competition disputes
• Trade secret and copyright violation claims
• Travel compensation
• Wrongful birth claims
• Wrongful death claims