Dispute Advisory & Expert Witness Services
Teneo offers expert witness and consulting services for complex disputes, providing financial forensic reviews, litigation support, and expert testimony in solvency, valuation, and damages.
Teneo works with our clients, as well as leading law firms, to provide consulting or expert witness services in connection with complex and high-profile disputes.
Dispute Resolution & Forensic Services
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Expert witness Consulting
Mitigating and navigating the dangers of litigation, complex financial forensic reviews, investigations and challenges to financial validity, requires a sophisticated understanding of critical business issues and the wherewithal to withstand even the most diligent cross examination. Our Expert Witness professionals provide expert analysis and testimony on issues relating to solvency, valuation, voidable transfers, forensic financial review, damages and other quantitative topics.
Contentious valuation and solvency
Where there is a commercial dispute, there is frequently contention over the valuation of either a business or its specific assets and / or the solvency of the business.
Teneo Dispute Advisors offer a proven track record of supporting clients in disputes, both inside and outside of formal legal proceedings. We provide independent valuation and solvency experts, witnesses, and advisory services across a wide range of asset classes and jurisdictions. Teneo’s team of valuation and solvency experts has extensive experience in providing dispute resolution and litigation support in many jurisdictions including the UK, U.S. and Caribbean.
Fraudulent transfers
A fraudulent transfer occurs when a creditor’s right to repayment is hindered, delayed or impaired because the obligor transfers assets out of the creditor’s reach, or because the obligor incurs new and competing obligations. Fraudulent conveyance claims most commonly arise in the context of bankruptcy proceedings.
Teneo’s experts are highly experienced in assessing and advising on potential claw back remedies to recover value for creditors.
Quantification of damages
We are experts in advising clients on and analyzing claims and damages, including:
- investigating the nature and cause of claims and damages;
- advising and developing an approach for preparing claims and damages calculations;
- preparing summarized and detailed claims and damages calculations for both negotiations and testimony (including rebutting the opposing side’s claims and damage calculations.
Up-tier exchanges
Liability management transactions or “Up-tier Exchange” public debt exchange offers can be contested as constructive fraudulent transfers when an issuer is insolvent, asserting that the issuer does not receive reasonably equivalent value. Teneo’s team of valuation experts are experienced in assessing such transactions and advising clients involved in associated litigation.
Accounting reconstructions
Teneo’s team of accountants are experts at performing reconstructions of all elements of historical financial statements, information and records. In many cases these reconstructions may involve using multiple accounting systems, understanding accounting principles, reporting requirements, acquisitions and divestures.
Data analytics
Teneo’s team of professionals is experienced in supporting clients with complex quantitative data analysis in support of litigation strategies. Recent engagements include:
- preparing valuation assessments of derivatives and structured products portfolios in matters involving investment funds, capital raises and plans of reorganization;
- evaluating potential damages through the statistical analysis of contingent claims in diverse areas such as natural disasters, put back litigations and structured products;
- preparing recovery analyses for creditors in bankruptcies of companies with complex capital structures, through assessment of various real options; and
- supporting independent directors with assessment of claims arising in conflict situations due to solvency and fraudulent transfer considerations.
Key Contacts
Regulatory Information
Teneo refers to Teneo Holdings LLC and its subsidiaries and affiliates worldwide. Securities products and services are offered in the United States by Teneo Securities LLC, member of FINRA and SIPC.
Details of the entity providing services, legal and regulatory information in respect of the Teneo entity are also included in our engagement letters.
Teneo Financial Advisory (DIFC) Limited is authorised and regulated by the Dubai Financial Services Authority for the provision of Advising on Financial Products or Credit and Arranging Credit or Deals in Investment services
Please see Terms of Use for full legal notices and further information.
Specific information relating to our regulated entities which provide services to clients is detailed below:
Registered Name | Legal Form | Registration Location and Reference | Registered Office | Data Protection | Regulator(s) | Professional Indemnity Insurance |
Teneo Financial Advisory Limited | Limited Company | England & Wales, 13192958 | 5th Floor, 6 More London Place, London, SE1 2DA | UK - ZA920639 | The Institute of Chartered Accountants in England and Wales (“ICAEW”) C008873136. All insolvency practitioners are licenced by the ICAEW. ICAEW Designated Professional Body licence for a range of investment business activities. | Details of the professional indemnity insurer can be provided on request. |
Teneo Securities LLC | Limited Liability Company | USA - Delaware | 280 Park Avenue, 4th Floor, New York, NY 10017 | N/A | Financial Industry Regulatory Authority (FINRA) #151256. Securities and Exchange Commission (SEC). | Details of the professional indemnity insurer can be provided on request. |
Teneo Securities LLC’s Business Continuity Planning
Teneo Securities LLC has developed a Business Continuity Plan (“BCP”) on how we will respond to events that significantly disrupt our business. Since the timing and impact of disasters and disruptions is unpredictable, we will have to be flexible in responding to actual events as they occur. With that in mind, we are providing you with this information on our BCP.
The Firm has developed and installed a BCP in the case of any business disruption that causes the Firm to have limited or no communications with its employees or customers. Our plan anticipates two types of business disruptions, internal disruptions which affect only our Firm’s ability to do business (such as a fire in our building) and external disruptions that prevent the operation of securities markets or other firms (such as natural disasters or acts of war).
The Firm intends to stay in business during both internal and external disruptions due to the fact that the Firm employees can conduct Firm related business from alternate off-site physical locations and the Firm maintains an alternate location for the maintenance of its books and records. We anticipate that the Firm will recover from internal business disruptions within 24-48 hours. An outage due to an external business disruption may be longer and is beyond the control of the Firm. However, the Firm will endeavor to resume business as soon as it is possible for the Firm to establish business operations from alternate off-site physical locations.
The Firm’s BCP specifically addresses the following areas related to Firm operations:
- Data back-up and recovery (hard copy and electronic);
- All mission critical systems;
- Procedures to test and determine the Firm’s ability to do business (i.e., financial and operational assessments);
- Alternate communications between customers and the Firm;
- Alternate communications between the Firm and its employees;
- Alternate physical location of employees;
- Critical business constituent, bank, and counter-party impact;
- Regulatory reporting; and
- Communications with regulators.
If you have questions about our business continuity planning, you can contact us (212) 886-1600.