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
  • Process

    Analyze the evaluation process used to select investments against best practices to determine its soundness, robustness and adherence to regulatory or legal criteria.

  • Alternatives

    Compare alternate investment products on an even basis to determine the impact of fees, strategy or other variables on the favorability of a particular option.

  • Performance

    Assess the drivers and quality of realized results given the decision maker's opportunity set. Estimate the impact of skill, random volatility and the market environment on observed outcomes.

  • Practices

    Assess whether a Fund Manager has upheld its fiduciary responsibility by following the investment process, strategy and parameters specified in the IMA.

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?


Was the manager slate chosen the the most appropriate way of meeting the plan's investment objectives?


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.


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.

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