Solutions // Litigation Support
Bolster your evidence.
Volatile markets and conflicting evaluation frameworks can make it difficult to determine in retrospect whether or not a fund selection decision was justified at the time. Using our objective quantitative methodology, we can opine on the prudence and financial effects of a decision, and clearly communicate complex issues.
Expert Reports and Testimony Regarding Fund Selection Decisions
Manager selection is complex: sometimes a lesser-fee option is a better choice, while other times fee savings come at the cost of lower potential net performance. While plan sponsors sometimes make decisions that are clearly sub-optimal, there are often good reasons why a particular investment option could reasonably be selected as part of a line-up.
Whether you're a Plantiff, Defendant or attorney, Empirically can help you bring clarity to complex fiduciary issues.
Clients served:
- Attorneys
- End Investors
- Plan Sponsors
Fees and Expenses
Was a given investment option worth the price, or were superior lower-cost alternatives available at the time?
ESG/Non-Financial Objectives
Did a plan sponsor's integration of non-monetary considerations have an impact on financial performance?
Suitability
Was the manager slate chosen the the most appropriate way of meeting the plan's investment objectives?
Self-Dealing
Did a plan sponsor inappropriately favor its own products when higher-quality alternatives were available?
IMA Breaches
Did a fund manager follow the investment strategy and risk and return orientation promised in its IMA?
Outputs Tailored Precisely to Your Case
All of our work is customized and produced on demand for the client's exclusive benefit, incorporating the latest available information and the specific parameters of the request.
Ad-Hoc Engagements
Get targeted help with a specific case, presentation or other internal project with no ongoing commitment.
Fixed Retainer
Request Empirically analytics for an unlimited number of potential or live cases in one or more asset classes.
Illustrative Expert Witness Workflow
Guided by the Empirically Compass, we can help with independent forensic analysis of fund selection choices and outcomes.
Empirically Consultation
We discuss the details of your case to understand the facts you are seeking to establish, and how our capabilities can be applied to answer the questions at issue.
Evidence Gathering
Working together, we can assist in the discovery process by helping ensure that the information and documentation needed to answer relevant questions are obtained.
Empirically Report
We produce an expert report stating our conclusions and associated confidence intervals regarding the relevant issues, and describing our methodology.
Empirically Follow-Up
We are available for deposition or expert testimony regarding our work product as well as the issues generally, as required.
Capabilities
Select an asset class to explore how our technology can answer critical due diligence and performance questions.
Convince the Court
Let's discuss how you can leverage Empirically's capabilities to support your case with compelling, data-driven evidence about fund selection choices.
BOOK an introductory call