Commercial Dispute Advisory
Disputes are complex, costly, and time consuming. Kroll can provide an independent and professional assessment of the facts and quantification of the potential financial damages.
Kroll provides specialist support from investigation through to expert testimony, allowing our clients to focus on their business. We have expertise handling commercial dispute cases across a range of situations, including disputes with partners, vendors, employees, licensees and competitors. We provide the client with a full picture of the facts by bringing together a unique mix of investigators skilled in computer forensics, forensic accounting, and intellectual property.
Substantial experience building strategy and cases in commercial disputes across a range of industries and markets means that we have the local and technical knowledge to resolve issues as efficiently as possible.
Knowing the facts early on is critical. Experience shows that a panicked reaction to a potential problem can damage an organization’s reputation and the chances of a smooth resolution, demoralize the workforce, and create mistrust. Our investigative strategy is built upon understanding the client’s objective, be it court action, union negotiation, employee termination or exit from a business relationship. We find evidence by forensically analyzing and investigating financial records and computers, conducting discreet interviews to distil key facts and utilizing our global network of information sources to identify information relevant to a case.
Case Study: Media Companies Involved in Breach-of-Purchase Agreement
Two large international companies entered into a joint venture to provide services in the U.S. Counsel engaged Kroll after discovering that the joint venture’s co-presidents had engaged in competitive acts by diverting opportunities and monies from the joint venture to a separate company which they co-owned. A Kroll expert testified in deposition and arbitration on the damages from the alleged breach of the purchase agreement and the implications of the perceived lack of internal controls, based on the misappropriation of revenue by the co-presidents.
Case Study: US Firm’s China CEO Suspected of Embezzling, Conflict of Interest
Combining forensic accounting and computer forensics, Kroll identified serious issues surrounding the CEO pertaining to embezzlement, manipulation of books and records, conflict of interest and potential exposure to U.S. laws.