Litigation Consulting

Brean Strategic Advisors supports Fortune 100 companies, including six money center banks, global insurers and asset managers and their outside counsel, which include AmLaw 100 firms and prestigious litigation boutiques, with complex litigation.  We are tapped to source and support testifying experts, marshal quantitative support for motion practice, prepare demonstratives, host and analyze electronic discovery and prepare analytics to substantiate a strong negotiating posture in mediation.  In securities litigation, we are called upon to calculate damages under Section 11, Section 12 and Blue Sky securities laws. 

Increasingly, Brean Strategic Advisors is called upon in complex litigation across industries to house and perform analyses across large data sets.  Brean Strategic Advisors can ingest a client’s database, whether maintained in Oracle/Microsoft SQL or Access, SAS, or spreadsheets, among other formats, and field client questions about the commonality and numerosity of a class, or estimated damages.  We can also isolate and segment transactions and prepare data for regulators.  Brean Strategic Advisors’s proprietary DOX e-Discovery solution is particularly adept at dealing with spreadsheet and other quantitative production.  Our data scientists leverage DOX to redact spreadsheets, prepare exhibits and demonstratives and help our clients Bates stamp, image and produce large volumes to regulators and/or opposing counsel.

Brean Strategic Advisors has also carved out a role on the litigation team as a market practitioner resource available to clients who can field questions from counsel and:

  • Demonstrate client practices are consistent with market protocol, best practices in the relevant market;
  • Ascertain the extent of management awareness of alleged fraud and timing of specific manager’s awareness;
  • Mine the production for spreadsheets with the relevant underlying data;
  • Track the evolution from early spreadsheets and models to final reporting by a combination of emails and spreadsheets; and,
  • Refute allegations of fraud.

Expert Witness

Brean Strategic Advisors has a stable of testifying experts who are well qualified to discuss market protocol, valuation and opine on nearly all asset classes.  Brean Strategic Advisors has supported and worked with many experts on dozens of matters arising from multi-billion dollar crisis era litigation.  We benefit from the relationships of our colleagues at affiliated broker-dealer Brean Capital, LLC, who can help source testifying experts across the assets they trade. 

Brean Strategic Advisors also supports testifying experts.  Sometimes, clients realize an expert who has the requisite academic credentials but was further removed from recent market developments or lacks any market experience needs Brean Strategic Advisors’s support with data, current market expertise and drafting to get an expert report across the finish line.  For experts, Brean Strategic Advisors offers an engine to support them with data, market-based insight and a team of writers and quants to flesh out arguments.

Prepare Demonstratives

Brean Strategic Advisors excels at helping clients distill complex financial data into demonstratives which crystalize an issue and transform the trajectory of a case.  Our team prepares simple, visually appealing demonstratives showing trends and summarizing concepts for complex instruments, securities and transactions.  These demonstratives can be used in settings ranging from arbitration and trial to mediation or motion practice.

Motion Practice

Brean Strategic Advisors is often called to marshal quantitative evidence in support of motion practice.  As regulators, securities and antitrust plaintiffs churn out increasingly elaborate complaints, ostensibly grounded in data, clients and their outside counsel turn to Brean Strategic Advisors to refute allegations and bring more relevant data to the fore.  Brean Strategic Advisors’s team of market experts can explain why seemingly relevant and comparable data does not reflect the trend reflected by allegations due to market mechanics.  We can also help identify more relevant data which paints a different story.  Similarly, if allegations call for parsing a massive data set to defeat class certification, support a motion for summary judgment or dismissal, Brean Strategic Advisors’s ability to combine materials from client files, production, macroeconomic and market data can be of use.  We can help counsel assemble this data into an exhibit, demonstrative or table.

Spreadsheet Redaction

Brean Strategic Advisors’s proprietary DOX e-Discovery solution includes modules to redact spreadsheets.  Within the portal, users can select certain cells for redaction and then export the redacted spreadsheets in native format with the redactions in place.  We welcome the chance to demonstrate the capabilities of our spreadsheet redaction technology for you and your team in a demo.

Financial Document Review and Analysis

Bankruptcy and restructuring cases involve extensive review of financial transactions leading up to the distress.  A combination of proprietary technology, market and data expertise makes the Brean Strategic Advisors team uniquely qualified to review and explain the significance of technical financial production.  We are routinely tasked with analyzing complex models, databases and financial documents underlying complex transactions and securities.  Our objective is to explain the significance of the models we look at and their relevance to key issues in a case, given our understanding of the allegations and legal considerations of interest to counsel.  We summarize our findings in presentations grounded in citations and screenshots of the relevant formulae from the materials we review. 

Our team’s spreadsheet skills are honed building and running models for securities and loans used on the regulatory stress testing and valuation side of our business.