Securities Litigation
Support at all points of the litigation lifecycle, including discovery, pre-case assessment, data analytics and analysis, and litigation consulting.
Companies face enormous challenges and risks arising from securities litigation: potential public scrutiny, reputational damage, litigation costs and damages, shareholder class action or derivative litigation. Frequently, companies may be forced to defend securities class action litigation in parallel to ongoing regulator enforcement actions, often multi-jurisdictional.
It is essential, therefore, to have the appropriate legal, data governance and, where applicable, forensic accounting experts to guide the Company and its officers through such complex issues. FRA’s team of experts works closely with client to mitigate risks associated with complex securities class action and derivative lawsuits, regulatory investigations, and claims of auditor malpractice.
How we can help
We support organizations and their legal counsel at all points of the litigation lifecycle, including discovery, pre-case assessment, data analytics and analysis.
Litigation Consulting and Testimony
We are highly skilled at helping companies, executives and public accounting firms to respond to regulators’ investigations, derivative and class action securities litigation. We have served as litigation consultants assisting clients to address their most complex Generally Accepted Accounting Principles (GAAP), financial controls and regulatory issues.
This assists in the research of pertinent issues relevant to the allegations, developing positions and analyses, and working with counsel and the client to develop potential defences. FRA team members are also experienced in providing testimony at deposition, mediation and trail on data governance, GAAP and GAAS related matters. A member of our team has also testified as an accounting and auditing expert on behalf of the US Securities and Exchange Commission (SEC).
Specialized experts in accounting, financial products and quantum calculations
Securities ltigation involving complex transactions, structures, valuation techniques and financial statements call for credible experts in these fields and methodologies. Our teams have experience helping clients and counsel understand the evidence and contextualize it for their legal cases.
FRA’s broad range of experts include former regulators at the Public Company Accounting Oversight Board (PCAOB) and Serious Fraud Office (SFO); auditors at national offices of public accounting firms; ex-investment bankers familiar with complex investment products and damage calculations; and Big 4 partners experienced in litigation consulting.
- Complex financial products: FRA’s team includes former investment bankers who have a wealth of experience and knowledge of complex financial models and structures. As securities litigation cases can feature complex financial products, you need experts able to simplify how such products work. We can support counsel in many areas, including collaterized debt obligations (CDOs), credit derivatives, securitised products, and special purpose vehicles (SPVs) and derivatives.
- Accounting misstatements: If the litigation focuses on alleged accounting fraud, company auditors may also be named in filings, requiring them to answer to courts and stakeholders. Our team provides independent analysis of the application of GAAP, international financial reporting standards (IFRS), and auditing and independence standards promulgated by the PCAOB, the SEC, and the International Auditing and Assurance Standards Board (IAASB).
- Damages: Our experts have decades of experience valuing companies, projects and contracts. They leverage this experience to provide a practical, defensible approach to calculations.
Independent Internal Controls Assessment and Remediation
Over 70 percent of securities litigation cases that include allegations of non-compliance with GAAP, also cite a failure of internal controls over financial reporting. Companies must, therefore, defend their internal control framework and alleged failures. We are experts in assessing the effectiveness of internal control systems, and can assist in all stages of control issues, from evaluations to proactive measures through remediation and monitoring.
Expertise
Audit and Accounting Advisory
Independent professionals with extensive accounting, regulatory compliance, and investigative experience.
More infoValuations and Damages
Defensible calculations that combine robust, empirical processes with compelling expert argumentation.
More infoTestifying and Consulting Expert Support
An international team of senior specialists with experience providing clear and compelling expertise.
More infoeDiscovery, eDisclosure and Digital Forensics
Fully integrated expertise across all areas of the Electronic Discovery Reference Model (EDRM).
More infoForensic Data Analytics
Cutting edge data-oriented processes and tools to extract, understand and systematically analyze large quantities of data.
More infoM&A Disputes
Assisting transaction parties and their counsel throughout the entire M&A life cycle.
More infoInternational Arbitration
Cross-border specialists with the expertise and experience to tackle international investment and commercial arbitration challenges.
More infoInvestigations
Specialist, integrated teams experienced in international, high-stake investigations and regulatory inquiries.
More infoInvestigations
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Button TextData and Technology
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Button TextIntegrated Data & Technology
During the past few years, a disproportionate level of securities litigation have been filed against foreign issuers. As such, discovery involves the cross-border collection, processing and review of relevant data. An essential element is to develop an appropriate litigation discovery strategy that considers privacy laws, blocking statues, localisation policies and state secrets. FRA is adept at navigating complex cross-border data collections.
Integrated Data & Technology
During the past few years, a disproportionate level of securities litigation have been filed against foreign issuers. As such, discovery involves the cross-border collection, processing and review of relevant data. An essential element is to develop an appropriate litigation discovery strategy that considers privacy laws, blocking statues, localisation policies and state secrets. FRA is adept at navigating complex cross-border data collections.