Brattle offers extensive litigation support and testifying experience regarding disputed energy contracts, asset performance, and transactions.
Our experts testify frequently before regulatory commissions, courts, and arbitration and mediation panels on subjects involving both liability and damages. We have significant experience in damages estimation, including the application of modern finance theory for discount rate determination purposes, which is often an issue because the lost or impaired contract may have considerably different risks than its available replacements. Our knowledge of the energy industry allows us to testify on industry fundamentals and practices, common use of industry terms, the materiality of misrepresentations in securities offerings, and whether reasonable efforts were undertaken to mitigate damages.
We provide support to our clients in all aspects of the litigation process, including the formulation of economic arguments and case strategy, class certification matters, litigation risk analysis, and assistance with discovery, depositions, and cross examination. We also help clients with the identification and coordination of expert witnesses and we support clients in drafting legal documents involving economic subject areas or highly technical industry matters. Similarly, we have often provided assistance on technical issues and strategy in settlement negotiations and in allocating damage awards or settlement amounts among multiple claimants.
In addition to litigation assignments, Brattle provides business consulting services to clients in contract (re)negotiation, formulation and review of procurement strategies and auctions, and the valuation of contracts and specific contract terms.