FTI Consulting Inc
FTI Consulting is an independent global business advisory firm dedicated to helping organisations manage change, mitigate risk and resolve disputes – whether financial, legal, operational, political and regulatory, reputational or transactional. Individually, each practice is a leader in its specific field, staffed with experts recognised for the depth of their knowledge and a track record of making an impact. Collectively, FTI Consulting offers a comprehensive suite of services designed to assist clients across the business cycle – from proactive risk management to the ability to respond rapidly to unexpected events and dynamic environments. We are unmatched in the depth and breadth of expertise we bring to bear on our clients’ behalf.
FTI Consulting’s global IP practice consists of more than 50 professionals with strategic, operational and courtroom experience. In addition to North America, we have professionals throughout Europe, Asia, Africa and Australia with IP capabilities. Our roster includes professionals with all relevant skills for a project and deep industry experience across the entire IP lifecycle, and our experts help clients deal with the myriad of challenges and complexities of successful IP management. We combine financial, competitive and industry information with our in-depth understanding of IP value to provide litigation support and damages quantification, as well as IP valuation, licensing and technology, and IP management and commercialisation.
We have testified in federal and state courts, before arbitration tribunals, the International Trade Commission (ITC) and other administrative agencies. From early case assessment through trial, our experienced professionals help form and shape the case. We offer practical, hands-on experience that helps unravel the complexities of each situation to develop a solid litigation strategy. We assist in developing and responding to interrogatories and other discovery requests. We use proven methodologies to analyse financial records and business conduct and assist counsel in determining potential causes of action and potential recoveries. We critique opposing expert analyses, prepare and issue reports, offer financial advice in the settlement process and assist with witness preparation. We also develop and prove complex theories and articulate the resulting concepts in a convincing manner to both judge and jury.
Our work in ITC Section 337 investigations often requires economic analysis to obtain an exclusion order blocking certain products from entering the United States. Analysing ‘the numbers’ and understanding the relevant markets are at the heart of:
- establishing the existence of domestic industry;
- demonstrating the commercial success of the patented invention;
- determining appropriate bonding rates;
- assessing commercially significant inventory; and
- evaluating the EPROM factors and other issues related to the appropriate remedy, such as exclusion of downstream products.
Our IP expertise also extends well beyond the courtroom to strategic and valuation consulting services, including:
- intangible asset valuations for buying, selling or transferring intellectual property;
- royalty rate determinations for licensing and strategic tax planning;
- IP due diligence (divestiture or acquisition);
- IP consideration/contribution in equity investment opportunities; and
- IP best practices and benchmarking, including open innovation.
Moreover, intangible assets can be the primary source for creating wealth and value in most industries worldwide, far surpassing the contributions of tangible assets. A such, we offer a wide range of services to meet a company’s intangible asset needs with experience in matters addressing:
- purchase price allocations;
- sale, disposition and transaction support;
- restructuring and liquidation; and
- accounting and tax regulations.
Lastly, underreporting of royalties can occur for a variety of reasons, ranging from a lack of understanding of the agreement by the licensee to calculation errors, to poor internal controls. Our professionals work with clients to determine the amount of any unpaid royalties, prevent future losses and strengthen their relationships with business partners in the future. Royalty compliance services include:
- reviewing royalty agreements, royalty reports and royalty calculations;
- determining whether the licensee’s understanding of its obligations matches that of the licensor;
- auditing information and presenting findings and recommendations to the client; and
- designing programmes for future monitoring of licensees.
FTI Consulting Inc
555 12th Street Northwest
Washington DC 20004
- Vincent A Thomas, Senior managing director
- Los Angeles
- New York
- San Francisco
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