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SERVICES TO THE LEGAL COMMUNITY

Our definitive expertise is widely recognised:

ARBITRATIONRECOGNISED AS

Firm of the Year 2015, 2016 & 2017, consistently the highest number of

recognised experts.........

COMPETITION ECONOMISTSRECOGNISED AS

Firm of the Year and Expert of the Year 2015, 2016 & 2017.

........

INVESTIGATIONS, INSURANCE & ASSET RECOVERY

RECOGNISED AS

Experts.

E-DISCOVERYRECOGNISED AS A LEADER

Ringtail® the highest scoring review platform.

EMEA PUBLIC AFFAIRS CONSULTANCY OF THE YEAR

2015 & 2017

DISPUTES & INVESTIGATIONSRECOGNISED AS HAVING THE

Deepest Capabilities.

SERVICES TO THE LEGAL COMMUNITY FTI Consulting, Inc. 1

Helping Lawyers Resolve Complex Challenges

FTI Consulting acts for clients on legal and regulatory issues, from high-profile, headline grabbing stories to the smaller concerns that disrupt businesses.

We have built an excellent reputation and earned the trust of regulators, corporates, lenders, investors and their legal advisors and work in close collaboration with clients tackling a variety of challenges in areas as diverse as disputes, competition policy, mergers and acquisitions and restructuring.

OUR TEAM

We bring together experienced professionals in economics, valuations, corporate finance, restructuring, forensic accounting, investigations, regulation, e-discovery and strategic communications to anticipate, manage and overcome complex issues.

Using our combined expertise we can support our law firm clients at all stages of contentious and non-contentious situations.

Our experts are called on to advise clients on all matters: in the preliminary stages, as to whether a claim is worth pursuing; once the case is in process, to conduct an investigation; reviewing large data sets and to document populations as part of the evidence, through to providing expert reports and testimony before a court or tribunal; or managing the political and reputational ramifications of cross-border cases, such as large M&As or investor state disputes.

Our distinguished expert witnesses are engaged at early stages of the dispute process, such as in mediation or settlement discussions. In the event that the dispute continues into litigation, we can provide expert testimony on the stand in court or in front of a tribunal.

Our teams can support your client work in areas including:

• Damages analysis

• Valuations

• Asset tracing and recovery

• Competition economics

• Intellectual property

• E-discovery and document review

• Computer forensic analysis

• Global data collection

• Complex data analytics

• Stakeholder communications

• Compliance technology

• Regulatory investigations

• Public affairs support around M&A approval, antitrust, trade defence cases and investor-state dispute settlement

For more than 30 years, FTI Consulting has been helping clients to anticipate, manage and overcome complex challenges.

2 FTI Consulting, Inc. SERVICES TO THE LEGAL COMMUNITY

Supporting theLegal Community

Investigating and fact findingAsset tracing and recovery

Investigating fraud or wrongdoing

Regulatory inquiries

Investigating beneficial relationships

CommunicatingProviding expert testimony before courts and tribunals

Developing reports

Reputation management

Social media monitoring and engagement

Media strategy development

Pre and post litigation communications

Pursuing negotiated solutions

Managing and analysing informationProviding end-to-end industry-leading

e-discovery and document review platforms

Identifying, collecting and analysing data

Developing sophisticated data and analytics

Translating and interpreting data through visualisation and reporting tools

Implementing information governance strategies

Assessing economic and financial impacts

Quantification of lost profits

Damages calculations

Business interruption claims

Advising on theory and practice of finance,economics and valuation

Performing complex simulations

Estimating merger-related eciencies

DATA ANDE-DISCOVERY

COMPETITIONANTI-TRUST

FORENSICINVESTIGATIONS

LITIGATIONCOMMUNICATION

EXPERT TESTIMONY


Complex Issues; Expert Support

FTI Consulting’s professionals provide a diverse range of skills, expertise and testimony experience that help bring clarity in a variety of situations:

A major gas company alleges that the contract price established with an upstream supplier for gas is unfair as a result of the reduction in the open market spot price, and requires an assessment of the value of gas at the end user and wholesale levels in its national market.

HMRC is involved in a dispute with the UK taxpayer and requires expert evidence on transfer pricing of patented products in order to achieve a settlement.

A whistle-blower working in an international company in East Africa alleges that staff are involved in bribing public officials for the renewal of a government tender, requiring a thorough investigation including review of documents and financial records.

Two manufacturers of metal food cans would like to merge. However, due to the parties’ high market shares in a number of jurisdictions, the transaction may give rise to anti-competitive concerns. The parties seek assistance to analyse the economic impact of the transaction.

A construction company in the Middle East incurs losses as a result of alleged interference of the state in a mixed-use project and needs an independent valuation to show the extent of the financial impact on its business.

A financial services client is involved in a complex dispute, with millions of documents from the opposing party, in addition to several terabytes of its own data, in various formats, that need to be reviewed quickly and effectively to identify the key facts of the case.


Expert Testimony

FTI Consulting provides efficient and effective advice to clients, courts and tribunals in litigation, arbitration, expert determination and mediation.

We quantify damages, assess values, prepare formal reports and provide oral evidence in a wide variety of claims and disputes, including breach of contract, treaty obligations and tort.

EXPERIENCED TEAM

Our team members regularly serve as expert witnesses before courts, tribunals and other decision-making bodies. In these forums we provide articulate, independent, relevant and reliable testimony. Our experience has been built over many years and collectively our team has authored several thousand reports to courts or tribunals and been cross-examined on over 400 occasions. We accept instructions in these disciplines in over 75 substantial cases each year.

Our familiarity with all aspects of the litigation and arbitration process enables us to help clients plan and implement appropriate dispute resolution strategies. Our goal is for our work to be efficient, effective and proportionate to what is potentially at stake.

GLOBAL RECOGNITION

We have been recognised by The International Who’s Who of Commercial Arbitration Expert Witnesses (Who’s Who Legal) as leading the field in this area. We now have more than 45 expert witnesses included in their list, covering Europe, North America, South America and the Asia Pacific region.


Our experts have experience across a wide range of industry sectors and jurisdictions.

Acting as experts on four parallel arbitrations in the oil and gas industry in the MENA region; two commercial cases and two BT cases under different treaties. These cases bring together issues of market analysis, valuation, forensic accounting and the translation of losses to a business into losses suffered by indirect shareholders.

Giving evidence in Lagos, Nigeria in an UNCITRAL matter relating to pre-emption rights in an African telecoms business. The matter was complex involving, in addition to several valuations, an understanding of the evolution of a variety of telecoms businesses across Africa, as well as of the effects on losses of the corporate structure through which the pre-emption rights would have been exercised.

Being instructed to assist the English High Court on questions of value on behalf of Bernie Ecclestone in Constantin Medien v Mr Ecclestone and others. The engagement was unusual not only in terms of subject matter, but in the requirement that our expert was required to prepare joint statements with two other experts in his discipline.

Providing written and oral expert testimony in the contested valuation of a minority interest in a leisure business, in the context of a compulsory purchase under Bermudan statute.

Providing oral evidence over three days in a billion dollar dispute between two entities in South Africa in the energy and chemicals sectors.

Expert witness in a large number of energy-related disputes involving pricing and quantification of damages arising from failure to supply natural gas and coal under long-term contracts.

Expert witness for international anti-trust investigation in the telecommunications industry involving the authentication of emails.

Expert witness for international arbitration in the pharmaceutical industry involving the in-depth analysis of document metadata and associated custodian actions.


Competition Economics

As one of our founding practices, antitrust remains a key area of expertise at FTI Consulting’s subsidiary Compass Lexecon. We have provided expert advice and testimony in hundreds of complex antitrust matters and have assisted clients with many high-profile antitrust actions.

Our firm is known for developing a thorough understanding of the issues that face our clients, relating those issues to relevant economic theory and then supporting our analysis with solid and persuasive empirical evidence.

Our staff of economists, econometricians, accountants and industry experts use a combination of leading industrial organisation theory and sophisticated economic and econometric analyses to address issues that often arise in antitrust cases. These include defining relevant markets, assessing the ease and likelihood of entry, performing complex merger simulations, evaluating merger-related efficiencies and estimating damages.

Compass Lexecon regularly assists both defendants and plaintiffs in antitrust litigation, including cases involving issues such as price fixing, predatory pricing, bundling and various forms of allegedly exclusionary conduct. An integral part of Compass Lexecon’s role in many of these cases involves the estimation of lost profits or damages from elevated prices and output restrictions.

Internationally, we have provided expert testimony and analysis in numerous jurisdictions, including Canada, the United Kingdom, the European Union, South Africa, Australia, New Zealand and others.

Compass Lexecon economists have extensive expertise in antitrust areas, including:

• Mergers and acquisitions

• Horizontal and vertical agreements

• Monopolisation and abuse of dominant position

• Competition damages

• State aid

• Market enquiries

SERVICES TO THE LEGAL COMMUNITY FTI Consulting, Inc. 7SERVICES TO THE LEGAL COMMUNITY FTI Consulting, Inc. 7

Our work in Competition Economics spans many industries around the world.

GLENCORE/XSTRATA MERGER

We analysed competition in the commodities industry and the potential competitive effects resulting from the merger between Glencore, the world’s largest commodity trader, and Xstrata, a multinational mining company. We used advanced econometrics to assist with geographic market definition and assessed the merger’s impact by means of a number of analyses including critical loss and GUPPI.

STATE AID

We assisted Airbus in the context of the bankruptcy of one of its subsidiaries by demonstrating that the state aid it received to save the subsidiary was compatible with the rescue and restructuring guidelines from the European Commission.

ALLEGED ABUSE OF DOMINANCE BY QUALCOMM

Our experts were retained by Qualcomm to provide economic advice regarding complaints to the European Commission and the Korea Fair Trade Commission alleging exclusionary and exploitative behaviour by the microchip supplier.

EFFICIENCIES FROM AIRLINE AGREEMENT

We provided advice related to the proposed joint venture between Delta Airlines and Virgin Atlantic, leading to an application for antitrust immunity. We quantified the efficiencies created by the agreement, in particular with regard to schedule delay reductions, economies of density and the fare benefits for behind-and-beyond passengers that flow from the joint venture (‘out-of-market efficiencies’) on certain routes.

SYNTHETIC RUBBER CARTEL DAMAGES

We were engaged by one of the participants in the synthetic rubber cartel, which was subject to damages claims from affected tyre companies. We conducted an economic and financial analysis of the damage arising from its participation, by means of ‘but for’ price modelling and analysing pass-on rates.

UK MOTOR INSURANCE INVESTIGATION

We assisted the Credit Hire Organisation in the context of the Competition and Markets Authority’s market investigation into private motor insurance. We submitted an economic analysis of the impact of credit hire on consumer welfare relative to a number of alternative counterfactual scenarios.


Valuations

FTI Consulting helps clients assess the value of their businesses and assets by providing robust, independent valuation opinions. We combine our expertise in finance and economics to provide insight into underlying value drivers.

We help clients identify and understand the value of their businesses in both contentious and non-contentious situations, such as:

• Group restructuring and fiscal valuations

• Transactions and disputes between shareholders

• Post-acquisition disputes and expropriation claims

• Matrimonial disputes

• Regulatory and accounting valuations

• Investor relations and fundraising

• Financial products valuations

• Intellectual property valuations

With years of industry experience, we help:

• Determine whether or not a claim is worth pursuing

• Identify the correct methodologies for quantifying damages

• Evaluate claims in the context of past and future economic loss

• Specify the type of expertise, evidence and documentation required


Our work spans a range of industries across the globe.

OIL REFINING

It was claimed that warranties were breached in the sale of an oil refinery in Eastern Europe. We advised on the effect on the value of the refinery of interruptions to the supply of crude oil and of a fire.

MINING

It was alleged that a mining licence in Africa was wrongfully cancelled. We assessed lost profits, including considering financing schemes, contractual economics and capital expenditure.

REAL ESTATE

We reconstructed the accounting for the construction costs of mixed-use development projects in the United Arab Emirates, identified and verified those costs and assessed lost profits from the projects’ operation.

TELECOMMUNICATIONS

We advised on the value of an African telecommunications company, had it been under different ownership, and on the effect on value for a specific shareholder of a liquidity event and other scenarios.

ENERGY

It was alleged that delayed construction of a power plant had led to lost profits arising from lost power generation and wasted buyer costs, totalling more than $1bn. Acting as independent experts, we reviewed the economic and valuation underpinnings of the lost profits claim, and the basis for the wasted costs claim, identifying a number of corrections that substantially reduced the amount claimed.


Forensic Investigations

Our team of forensic accountants, investigators, data analysts and computer forensic experts work to uncover the facts behind whistle-blowing allegations, asset concealment, employee negligence, white-collar crime, intellectual property theft and bribery & corruption.

Our experts can act quickly to discreetly and sensitively conduct investigations, safeguard assets and reputation, resolve matters with minimum disruption to the business, and prevent recurrences by implementing effective controls. Whatever help you need, we can assist at every stage of an investigation, tailoring our services to match the specific requirements of the case.

INFORMATION COLLECTION

• Search publicly available information

• Conduct interviews with the relevant custodians

• Investigate beneficial relationships

• Identify, collect and preserve hard copy and electronic data

• Visualise relationship maps and ownership structure

• Trace case-related assets

ELECTRONIC DATA REVIEW AND ANALYSIS

• Pinpoint relevant documents quickly using leading e-discovery review platforms, Ringtail and Relativity

• Uncover activity on electronic devices

• Analyse large data sets to establish patterns and anomalies needing further investigation

• Reconstruct and analyse accounting records

• Identify actions to copy, edit or delete documents and data

RECOMMENDATIONS AND FINDINGS

• Produce a report for stakeholders that answers the who, what, where, when, why and how, including visualisation produced with leading technology such as Tableau

• Assist lawyers on the appropriate case strategy

• Develop and implement a crisis communications strategy

FRAUD PREVENTION/MITIGATION

• Evaluate compliance programmes

• Implement fraud protection strategies

• Develop and implement appropriate systems, controls and corporate practices

• Monitor and test policies and procedures

• Provide staff training so the business can work autonomously when the project has been completed


With a proven track record in untangling some of the world’s most high profile financial crimes, clients benefit from our global capabilities, in-country cultural awareness, access to corporate intelligence that is not always publicly available, and innovative technologies to help them respond to an investigation efficiently and effectively.

MADOFF PONZI SCHEME

FTI Consulting was retained by the Liquidation Trustee of Bernard L. Madoff Investment Securities in respect of the collapse of the largest Ponzi scheme in history (reported customer losses of circa US$65bn / actual customers losses of circa US$20bn).

Our team assisted in the global investigative fact-gathering process and provided forensic accounting, complex financial and enterprise data analytics, expert witness services, electronic discovery, and trial service assistance. Our work included a key role in the complete

reconstruction of 30 years of financial records to determine the status of 8,000+ account holders as well as extensive research and investigations in a multitude of jurisdictions. We continue to provide forensic and analytic support in a variety of litigation recovery initiatives being pursued by the Trustee.

ASSET TRACING IN THE CARIBBEAN

We undertook a cash-tracing exercise in relation to an alleged misappropriation of almost US$100 million following the dissolution of a large and complex joint venture. Our

work included interviewing client staff and external auditors to understand the group structure and its flow of funds, analysing statements of over 50 bank accounts. We also traced the “misappropriated” funds to their final destination as well as into other asset purchases, and established whether there was any proprietary tracing claim. Our expert submitted two substantial reports to court, and was then cross-examined by a top-ranked silk. He was described by the judge as having given “extraordinarily careful attention to the matter”, and both the judge and opposing counsel essentially accepted a key part of his evidence.


Forensic Technology & Data Analytics

The increase in electronically-stored information and differing data sources used throughout an organisation present challenging issues for management, especially when faced with a regulatory investigation or litigation.

REVEALING THE TRUTH

We are a leading provider of e-discovery, computer forensics and data analytics solutions that reveal truths behind investigations, commercial disputes, and regulatory inquiries. With backgrounds in law, technology, finance and industry, our technology and data analytics experts offer a unique combination of business, legal process, and IT knowledge that bridges the gap between key players in an investigation or litigation.

PROVIDING THE EXPERTISE

We help clients manage the risk and complexity of e-discovery and data analytics. We ensure defensible methodologies and processes are used, whether we are forensically collecting data, providing managed document review services or advising on e-discovery strategies. We also conduct in-depth analysis and investigations of large, complicated and disparate sets of financial, operational and transactional data. This combination of technology, services and expertise helps clients to address matters ranging from internal investigations to large-scale litigation with global e-discovery and analytics requirements.

Our experts undertake the collection, analysis and production of data from a variety of sources and provide expert testimony.

CUTTING-EDGE TECHNOLOGY AND TOOLS

Using industry leading e-discovery platforms Ringtail and Relativity we help legal teams and their clients focus on relevant documents quickly for their projects. They deliver easy-to-use, cost-effective reviews with advanced analytics, visual document review, predictive coding and robust production capabilities.

Where multifaceted sets of transactions are involved we use sophisticated analytical tools to collect, organise, analyse and understand the information.

We can deal with all forms of data of any size including:

• Structured data: trading platforms, ERP and CRM systems, general ledgers

• Semi-structured data: server logs, SWIFT messages, XML files, JSON documents

• Unstructured data: loose documents, email and chat content, web page scrapes and social media


We help clients around the world with their e-discovery, computer forensic and data analytics challenges.

INTEGRATED BANK LITIGATION SOLUTION

The liquidators of a group of foreign-domiciled bank subsidiary companies in administration were facing allegations of fraud and theft following a multi-billion dollar bank failure. We were retained to support several complex litigations potentially occurring in multiple jurisdictions.

Providing comprehensive support for the client’s defence, we delivered an integrated e-discovery and data analysis solution. We provided and managed a unique analytic research work stream across a huge inbound document production, and provided consulting support for millions of documents hosted in Ringtail.

Our data analysis team also constructed a precise and accurate ledger of each transaction. To achieve this, a transactional database was built into a secure web tool, allowing user-friendly

interrogation to understand money flow and circulation of funds.

Using our advanced data analytics and workflows, the client was able to save millions of pounds in document review fees and build their defence in the most efficient and cost-effective way possible.

FOREIGN EXCHANGE TRADING – GLOBAL REGULATORY AND COMPETITION INVESTIGATION

A global financial services institution became a principal subject of a series of foreign exchange trading regulatory and competition investigations and had to quickly identify the key traders involved in the alleged misconduct. We advised the client on how to prepare for the upcoming investigations, including the use of our market leading Bloomberg chat technology which enabled them to heat map the key chat communications to identify priority custodians for review. Through early identification of the key

facts our client successfully developed a global review strategy and quickly started the initial review.

During the course of this complex engagement which lasted over two years, the scope expanded to include more than 400 custodians from across the institution who had their documents simultaneously reviewed by teams of lawyers and paralegals around the world.

Throughout the investigation, we provided project management support, consultative advice and comprehensive processing, review and hosting services. We worked closely with in-house counsel to ensure the primary foreign exchange review and subsequent spin-off investigations were efficiently managed in a robust and defensible manner. The client benefitted from our support, expertise and consultative approach leveraging technologies to drive efficiencies throughout the course of the engagement.


Litigation Communications

Our specialist team helps companies prepare and manage communications plans to protect and manage a company’s reputation during any kind of litigation process. Our experts have been involved in high-profile cases before all major international courts and dispute-settlement bodies.

In politically-sensitive cases our public affairs professionals can generate external/international pressure to find an amicable settlement by mobilising key governments and international organisations.

Traditional and social media often plays a vital role during the course of litigation and how a case is ultimately resolved. Whether it is managing a reputation during a high profile case or working to generate interest to win over the Court of Public Opinion, a well-thought out and well-executed communications plan can make all the difference.

As one of the world’s largest Strategic Communications companies, FTI Consulting’s Litigation Communications team combines media and social media relations with specialist legal and industry sector expertise. The team comprises communications experts, former journalists and lawyers, and has been employed by both the lawyers representing companies or individuals, as well as the litigants themselves.

Specific litigation communications services include:

• Message development

• Development of media strategy

• Development of supporting media materials

• Media training

• Media relations

• Social media monitoring and engagement

• Courtroom monitoring

• Co-ordination of third party allies

• Public affairs and diplomatic advice


Managing and Protecting your Reputation.

DEFERRED PROSECUTION AGREEMENT

FTI Consulting advised existing client, Standard Bank Group, and its part-owned subsidiary ICBC Standard Bank Plc, on the communications arising from the first ever Deferred Prosecution Agreement (DPA), in late 2015.

The DPA related to the allegations that the bank failed, contrary to section 7 of the UK Bribery Act 2010, to prevent executives from committing bribery. The case involved a fine of almost US$33 million levied by the Serious Fraud Office (SFO).

INTERNATIONAL BORDER DISPUTE

For the last four years FTI Consulting has been providing international communications and diplomatic advice to a Latin American government in relation to a border dispute before the International Court of Justice. Our role is to ensure that our client’s merits are properly captured by leading media, adequately frame the case in the broader geopolitical context to obtain international support and assist their Foreign Minister and legal agents around the main milestones of the process, including media support in The Hague, London, Brussels, Berlin and New York.

TRADE DEFENCE INSTRUMENTS

FTI Consulting advised a leading technology company in a global trade dispute. Our role was to mobilise several governments and the EU to start ex officio anti-subsidies and anti-dumping investigations as a way to provoke an amicable solution and avoid costly and lengthy WTO litigation.


Industries

Our team has experience spanning multiple industry sectors.

OIL & GAS

FINANCIAL SERVICES

CONSUMER GOODS

MANUFACTURING

ENTERTAINMENTCONSTRUCTION ENERGY & RENEWABLES

INSURANCE

TELECOMS, MEDIA & TECHNOLOGY WATERTRANSPORT

LEISURE & TOURISM

HEALTHCARE & LIFE SCIENCES

REAL ESTATE

INFRASTRUCTURE

MINING

FTI Consulting offices

FTI Consulting

FTI Consulting is a global business advisory firm with more than 4,600 professionals in 28 countries. We serve our clients wherever and whenever challenges and opportunities arise, helping them to address threats and seize opportunities. We deliver solutions that are effective and sustainable in areas including valuation, risk management, restructuring, mergers & acquisitions, regulation, competition, disputes, litigation, technology and strategic communications.

About FTI ConsultingFTI Consulting is an independent global business advisory firm dedicated to helping organisations manage change, mitigate risk and resolve disputes: financial, legal, operational, political & regulatory, reputational and transactional. FTI Consulting professionals, located in all major business centres throughout the world, work closely with clients to anticipate, illuminate and overcome complex business challenges and opportunities.

www.fticonsulting.com ©2018 FTI Consulting, Inc. All rights reserved.

Refreshed February 2018

Valuations & Disputes Mark Bezant [email protected]

Competition Kirsten Edwards-Warren [email protected]

Forensic Investigations Andrew Durant [email protected]

Forensic Technology & e-discovery Craig Earnshaw [email protected]

Data & Analytics Nick Hourigan [email protected]

Litigation Communications Andrew Walton [email protected]

Public Affairs Pablo López-Alvarez [email protected]

Chairman, Europe, Middle East and Africa Kevin Hewitt [email protected]

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