Practice III · Litigation and arbitrationExpert witness & litigation support.

Financial analysis prepared for the record. Expert reports, transaction chronologies and exhibits state the records relied on, the method used, the findings and their limitations, and are developed alongside counsel from early case assessment through testimony.

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The anatomy of a report.

An expert report is only useful if opposing counsel, the judge or the panel can trace every finding back to a record. The structure is built to make that possible.

Format and disclosure requirements vary by court, arbitral rules and jurisdiction, and are agreed with counsel.

Expert reportContents

  1. § 1Scope of engagementWho retained the expert, the questions asked and the questions deliberately left out.
  2. § 2Records relied uponEach document, production and data source, identified so it can be checked.
  3. § 3MethodHow the records were examined, tested and reconciled, in terms a court can follow.
  4. § 4Analysis and findingsWhat the records show, each finding tied to its supporting schedule or exhibit.
  5. § 5Limitations and assumptionsWhat the analysis cannot establish, and any assumption it depends on.
  6. § 6Exhibits and schedulesChronologies, tracing schedules and demonstrative exhibits for the finder of fact.

Through the life of a matter.

Support can begin before a complaint is filed. The role is set by counsel: a consulting expert advises privately; a testifying expert is disclosed and gives evidence.

  1. 01

    Early case assessment

    Evaluate the financial questions, likely exposure and the records that will matter.

  2. 02

    Discovery

    Frame focused document requests and organize voluminous productions.

  3. 03

    Analysis and report

    Examine the records and prepare written findings and exhibits.

  4. 04

    Deposition

    Prepare for and give deposition testimony, and assist with opposing experts.

  5. 05

    Trial or hearing

    Testify to the findings and present demonstrative exhibits.

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The examiner

Geoffrey B. Davis Jr.

Certification
ACFE Board Certification Emeritus, 1992 (#17397)
Experience
Over 40 years in law enforcement, criminal investigation, civil enforcement, fraud examination, due diligence and litigation
Expert work
Consulting and expert witness engagements since 2020; has appeared as a witness in trials, depositions and arbitrations
Areas
Financial statement, contract, ERISA and valuation fraud; financial malpractice; ethics and governance; matrimonial asset and income valuation
Full background and licenses

Matters of this kind.

Drawn from the practice’s exemplar cases. Details are generalized to protect client confidentiality.

International arbitration

Cross-border financial analysis and contract compliance review, with expert testimony in an ICC arbitration.

Arbitration

Commercial damages

Revenue loss modeling and customer attrition analysis for an expert damage report in a commercial dispute.

Florida court

ERISA and workforce claims

Detailed ERISA claim analysis, workforce cost tracing and arbitration support in an AAA arbitration.

Arbitration

Every matter differs; past work does not predict the result of another engagement.

All exemplar cases

Common questions.

For counsel considering a financial expert. Matter-specific questions are best raised directly.

A consulting expert advises counsel and is generally not disclosed to the other side. A testifying expert is disclosed, prepares a report where required and gives evidence. Which role fits a matter is a decision for counsel.

Before filing, where possible. Early involvement helps shape the financial theory of the case, identify weaknesses and frame discovery, which tends to make the later work more efficient.

Typically the scope of the engagement, the records relied upon, the method, the findings and their limitations, with supporting schedules and exhibits. Required contents depend on the court or arbitral rules.

Yes. Representative matters include AAA and ICC arbitrations as well as Florida court proceedings.