Most parties, whether in the financial or corporate sectors, will try to avoid derivatives disputes and litigation as they are time-consuming, expensive and may have other negative ramifications.
Without in-depth product knowledge, it may be difficult to assess whether or not a client has a credible claim, and if so, what the quantum of that claim should be. It may be difficult to know whether a client should contest or settle a claim that has been made against it.
In many cases it will be helpful to have an independent valuation from a derivatives expert of the relevant assets or transactions or an expert opinion on the issues under consideration from someone who has had first-hand experience dealing with such assets, transactions and issues in an investment banking context.
- Do you need banking and derivative experts with expert witness experience?
- Do you need to know what best market practice was at the time of a transaction?
- Do you need an independent historical valuation for a derivative transaction?
- Do you need to understand the commercial rationale for a transaction, beyond the documentation terms?
- Was the trade suitable for the client?
- Was the trade misrepresented to the client?
- Was the risk explained in accordance with market practice?
- Was the trade appropriately terminated?
The Solum Team can help you with all of these issues and more. We have a separate operating unit, called Solum Financial Expert Witness, that is dedicated to providing law firms with subject matter expertise to assist them with derivatives disputes and litigation.
Acting as derivatives experts and expert witnesses, our services include:
- Suitability and misselling analysis
- Structuring and documentation analysis
- ISDA interpretation analysis
- Derivatives market best practices (including marketing, scenario analysis, documentation, bid-offer on initial pricing, and risk management considerations)
- Valuation and Forensic Analysis
- Close-out process