Our Service Offerings to Clients

Transaction-Related and Dispute-Related Expert Witness Services 

I.   Transaction-Related Services

We have developed a 'menu' of Investment Assessment and Core Transaction Services that allow our clients to unbundle or phase-in over time specific forms of engagement with us related to identifying and executing transactions.

Investment Assessment Services. Some clients find significant value in (i) a one-off short series or (ii) in an on-going monthly, bi-monthly, or quarterly regularly occurring series of Investment Assessments that comprise:

Customized Presentations, Roundtables and Workshops for C-suite Executives and/or Board Directors

These are highly interactive discussions focused on broad assessments of the growth and risk dynamics shaping both current and future changes in economic, policy and political market conditions in single or multiple emerging markets/sectors. Lessons from particular case studies are presented and specific implications for key operational decisions are drawn out. Agendas are client-driven and are focused on pre-determined geographies, sectors, or cross-cutting issues/themes. FCPA/corruption risks and foreign investment regulations are covered; in the case of inbound U.S. investment, this means CFIUS provisions and strategy.

Core Transaction Services. Whether clients do or do not partake in our Investment Assessment Services initially, most work with us on a set of Core Transaction Services.  These comprise one or more of the following:

Approaches for Competitive Market Intelligence

Equipping clients with cutting-edge techniques to analyze prospective demand-supply gaps; potential competition from incumbents and new entrants; business involvement by the state, whether explicit or implicit; availability of finance, including from MDBs/IFIs.

Optimization of Site Location Decision-Making

Helping clients with systematic modelling of field-level data across provinces/cities either within/or among countries for determining location of project sites that most effectively maximize returns and mitigate risks, including setting up intra-country competition for investment; access to preferential tax incentives; rates for and quality of service delivery from infrastructure providers; trade policies for imports and exports; and investment promotion programs.

Innovations in 360-degree Stakeholder Analysis of Governance and Corruption Risks

Working with our clients to introduce state-of-the-art approaches for gauging the relative importance of in-country and external influencers that could significantly impact the prospects for success (or failure) of a specific commercial venture, including corruption risks (e.g., FCPA and UK Anti-Bribery Act violations).

Forming Strategic Commercial Alliances (B2B Agreements) and Public-Private Partnerships (PPPs)

Advising clients on how best to maximize mutual operational and investment-related net benefits through partnering, including structuring work programs to achieve joint goals; creative approaches for marrying private and public capital; incorporation of lessons from design flaws in establishing corporate social responsibility (CSR) initiatives; and creation of mechanisms for independent, third-party performance evaluation or audits to assess how well objectives are being met.

Execution and Presentation to Policy Makers of Assessment of Investment Impacts

Advising clients as to best-practice approaches to engage independent professionals to develop 'arms-length' quantitative and qualitative analysis of on-the-ground multiplier effects of investments’ net benefits to the local community.  Use of third parties is essential to ensure credibility and to facilitate dispassionate two-way discussions between the client and local policy-makers and stakeholders to advance mutually beneficial objectives and/or prevent policy ‘backsliding’ (or even worse, outright antagonistic moves).

II.   Dispute-Related Expert Witness Services.  We provide an array of Expert Witness Services for legal cases focused on disputes in the international sphere that are associated with existing export/import or cross-border investment transactions. 

These typically involve matters regarding alleged violations of:

  • trade law;

  • investment treaties;

  • antitrust or competition policy laws; 

  • regulation of infrastructure service providers;

  • state-trading rules;

  • valuation of economic damages;

  • property rights.

Our expert witness services include providing court testimony, depositions, data analysis, and policy and legal assessments.