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Litigation intelligence
Litigators and in-house lawyers
contemplating or defending legal actions can rely on EMA's multidisciplinary fact-gathering to:
- provide leverage before filing suit
- strengthen the evidential basis of or defence to a claim
- provide an objective assessment of the opposition's claims and strategies
- focus pre-trial discovery
- uncover new or unexpected sources of information, assess the veracity of the other side's witnesses
- develop cost-effective multinational strategies to meet tight deadlines, and respond to rapidly changing needs.
EMA has frequently been retained to:
- research the public and nonpublic record relating to individuals and corporations including personal and business reputations
- reconstruct individual biographies and associations or corporate histories, alliances and entanglements, as well as thorough civil and criminal regulatory profiles.
In complex litigation, EMA has adapted powerful specialist link-analysis software developed for commercial trading analyses to identify key elements and perpetrators in
multi-jurisdictional frauds.
One of our specialties is tracing assets - currency, realty and personalty - in the US and internationally. We have frequently obtained critical information and documentation
from offshore tax havens to secure prompt settlement of cases or debts owed. Our analyses of net worth estimates have often yielded important clues and information on which assets should be frozen
through injunctive relief provisions in the appropriate legal jurisdictions and on the likelihood of collecting a judgment.
Our recent litigation cases include:
Case 1: Due Diligence
A bank suspects the bona fides of a new client - it needs admissible evidence not just hearsay.
EMA's brief: Verify the hidden
sources of wealth with particular sensitivity to money laundering implications and organized crime affiliations.
Case 2: Governmental Foul Play
A client suspects foul play after losing an international arbitration award.
EMA's brief: Establish and prove the
existence of a business relationship between one of the arbitration judges, a former Middle Eastern foreign minister, and the winner of the arbitration award.
Case 3: Antidumping
A client's domestic market share for its products is being eroded by cheap imports in violation of antidumping regulations.
EMA's
brief: Research and analyze the salient features of the specific market in the surrogate countries, with particular attention to export figures, breakdown of manufacturing costs per component and
unit, gross costs of sales and profitability, marginal costs of production and economies of scale.
EMA has also been frequently retained to conduct internal corporate investigations to evaluate allegations of fraud, complex national or international kickback schemes, theft
of proprietary information, imitation of products and trade mark infringements, conflict of interest and self-dealing, sensitive and unexpected corporate crises.
EMA controls a dedicated unit of specially-trained individuals with considerable experience in undercover surveillance investigation techniques. The
individuals engaged are of the highest calibre and operate with discretion and strict confidentiality, having learnt specialized skills whilst employed in law enforcement agencies, or special forces
around the world.
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