Telecommunications Expert Witness Services

You are in safe hands:

If you are reading this, chances are that you’re an executive dealing with a matter that may become contentious or you are a legal or other professional practising in the areas of arbitration, litigation or forensics.  If so, you are in safe hands. 

Our team of seasoned telecommunications executives have experience successfully defending (responding to) very large claims (c. US$600M) whilst employed as Officers of public listed telecommunications companies and of giving expert testimony, both written and oral, in numerous international arbitration cases including those involving international investment treaties.  Our specialists are seen as credible by tribunals and courts due to their knowledge and experience.

We have worked closely with leading law firms, such as (in alphabetical order):

• Baker McKenzie,
• Clifford Chance (Al-Jadaan & Partners),
• Dentons,
• Gide Loyrette Nouel (Gide),
• Hogan Lovells,
• Jones Day,
• Squire Patton Boggs.

We also regularly work with other industry professionals, for example accounting firms such as Mazars (France).

Contact us to arrange an initial consultation

For a confidential chat with our, about how we may be able to help you, your organisation or your client to find practical solutions, please reach out to Andrew White at consulting@wraycastle.com or complete the form at the end of the page.

Expert Witness Services Offered:

Independent case analysis / opinion

Prior to issuing a claim, or whilst negotiating a matter before receiving a claim, it is often useful to seek the unbiased opinion of an independent expert.  We advise either on very specific points, or more generally on the merits of a particular case from either a technical, commercial/business or regulatory perspective.  We conduct thorough reviews of technical documentation, industry standards, and regulatory guidelines to provide detailed analysis and opinions that strengthen your case.

Expert Testimony

We provide both written and verbal Expert Testimony suitable for presentation to an arbitration tribunal or court.  Our experts are experienced at drafting such written testimony and at providing verbal testimony including cross examination and Expert Hot Tubbing. 

Consultation

Beyond written & verbal testimony, we offer consultation services to help legal teams understand the technical aspects of telecommunications, identify potential pitfalls, and develop effective litigation strategies. 

Our team provides expert opinions on matters such as:

• Market impact & abuse - Often disputes involve the quantification of market scenarios ‘but-for’ the alleged actions. This may include matters of competition, regulation, abusive behaviour, anti-competitive behaviour, and so on.
• Quantities - Rarely do parties have exactly the same understanding of the amounts of the services consumed.  Often usage records have been lost by one or more parties. We have used our expertise and experience of similar situations to reach ranges of quantities consumed which are agreeable to both parties. Our experience enables us to know what’s important and quickly get to the facts of the matter. 
• Pricing and commercial terms - Differences in interpretation and understanding of contractual clauses often gives rise to disputes.  Interpretation of telecommunications pricing and commercial terms is particularly complex, often caused by original drafting which includes an implicit understanding of ‘the way things work’, or, by external changes, such as changes in regulation, that impact the commercial relationship. Our expert witnesses have provided their insights in numerous such situations.  
• Contract durations (term) and termination - In situations where the duration of a contract is open to interpretation, we have been engaged as telecommunications experts to provide an independent opinion on industry benchmark contract durations under similar circumstances. 
• Benchmarking to industry norms - We are often requested to produce benchmarks of industry norms. We have used our expertise to produce benchmarks using publicly available information, taking care to select examples that are comparable. In some cases, we have also been able to produce highly relevant and valuable benchmarks using a combination of public and non-public domain information. 
• Valuations - We frequently work with valuation experts (normally Chartered Accountants) to produce financial assessments to support claims for damages.

We understand that:

• Litigation almost always stretches over two or more years - In our direct experience, it helps greatly if an expert witness is engaged as early as possible in the litigation process, ideally before the litigation itself has commenced.  In fact, in many of the cases in which we have been involved, we have been appointed prior to trial counsel. 
• Timeframes are challenging - On numerous occasions, we have proven our ability to produce high quality, reasoned expert reports in very challenging timeframes. 
• Practical industry experience counts - As a client, if you don’t believe that the person you propose hiring as an expert genuinely knows and has real experience about their topic, don’t hire them. 
• Communication is key - We are frequently required to condense thousands of pages of arguments, counter arguments, exhibits and witness statements to minutes of compelling testimony. Our expert witnesses are aware of this from the very start of the engagement.
• We aren’t experts in everything - If we don’t have the expertise in the particular area that you require, we will tell you. We may be able to help obtain the necessary skills and experience from elsewhere, for your consideration.