Overview
Analysis Group has provided consulting support and expert testimony in some of the largest international arbitrations to date, both commercial matters and investor-state dispute settlements (ISDS). Our teams have analysed a wide variety of issues, including jurisdiction, liability, quantum and industry-specific technical issues in disputes involving alleged violations of bilateral investment treaties (BITs), expropriation of various types of assets (including intellectual property (IP)) and commercial disputes such as breaches of contract. We have also assessed pharmaceutical contracts, cross-border commercial disputes, post-transaction disputes, the risks and business practices of banks, economic and accounting analyses of investments and tax and transfer pricing issues. In these assignments, we have collaborated across offices with our colleagues who work in competition, finance, IP and energy, among other areas.
Our work in this area spans the globe, including Europe, Asia, the Middle East and North and South America. Analysis Group experts have testified in venues such as the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC) International Court of Arbitration, the Singapore International Arbitration Centre (SIAC), the Amsterdam Court of Appeal, the London Court of Arbitration (LCIA) and the UK’s High Court of Justice, as well as in arbitration under UNCITRAL and Energy Charter Treaty (ECT) frameworks.
Focus Areas
Jurisdiction
Our experts have performed forensic accounting analyses, analyses of corporate structure and financial market analyses to assist in determining whether an investor’s business activities were covered by the investment or trade treaty that is invoked in an ISDS and whether business activities constituted an investment under that treaty.
Liability Expert Work
Analysis Group experts have provided liability analyses and testimony in cases involving financial institutions, REITs, accounting and financial reporting, merger clearance, material adverse events and deal negotiation and completion processes. We have assessed pharmaceutical contracts, the risks and business practices of banks, economic and accounting analyses of investments and tax and transfer pricing issues.
Damages and Quantum
Our consultants and experts have provided quantum evidence on a range of disputes across several industries, including in cases involving the valuation of debt and other financial instruments, minority/majority shareholdings (often in complex corporate structures), REITs, oil and gas projects, mining operations, industrial companies, pharmaceutical contracts, IP, aviation and insolvency recoveries.
401(k) Fee Litigation
Analysis Group recently helped counsel for the administrator of large defined contribution plans win a dismissal with prejudice in litigation involving allegations that plan participants were being charged excessive fees.
Testifiers
AbbVie Inc.'s Acquisition of Allergan PLC
An Analysis Group team led by Managing Principals Rebecca Kirk Fair and Emily Cotton was retained by Weil, Gotshal & Manges LLP on behalf of Allergan to provide competitive analyses in support of Allergan’s acquisition by AbbVie.
Absorption Pharmaceuticals, LLC v. Reckitt Benckiser, LLC
Analysis Group was retained on behalf of Reckitt Benckiser, the defendant in a fraud and trade secret misappropriation lawsuit brought by Absorption Pharmaceuticals arising out of a failed acquisition.
Testifiers