Dispute Advisory Services | KPMG | CA

Dispute Advisory Services

Dispute Advisory Services

Helping clients simplify complex financial matters in preparation for effective dispute resolution.


Related content

  • Quantification of Financial Losses
  • Class Actions and Dispute Avoidance Services
  • Intellectual Property Claims and Reviews
  • Insurance Claims Services
  • Consulting and Testifying Expert Services
  • Ediscovery Services

Quantification of Financial Losses

KPMG's Dispute Advisory services provide accounting, economic, loss quantification and valuation-related advice and opinions in the context of claims for business losses. Our objective assessments help to resolve disputes in arbitration, litigation, and transactions. Our professionals serve as privileged litigation consultants, expert witnesses, arbitrators and panel-appointed neutral experts, dealing with some of the largest and most complex damages claims in the world.

Our team has experience in assessing the risks associated with commercial disputes to determine the value of claims and assist with the collection of relevant evidence to support or refute a financial claim. KPMG Forensic has significant experience with all types of actions, ranging from breach of contract and tort matters to class action matters, post-acquisition disputes and international arbitration.

Specifically, our team has experience in dealing with a variety of financial loss claims in the context of shareholder disputes, oppression and dissent claims, franchise matters, post purchase price disputes, accounting misrepresentations, matrimonial disputes, complex class actions, claims against directors and officers, securities and market manipulation, intellectual property claims, construction delay, claims against auditors and lawyers amongst other financial matters.

Class Actions and Dispute Avoidance Services

Class action litigation in Canada continues to change rapidly. There are new issues, new perspectives and the ongoing development of precedent that impact the strategy and conduct of class proceedings as well as judgments from the bench.

Once a class action has started, one of the first orders of business is to assemble a team with the collective skills to handle the myriad of complex and inter-related issues and challenges likely to be faced. This team will invariably include internal and external legal counsel and may include forensic accountants, e-Discovery professionals and information technology experts. KPMG Forensic has the skills, experience and tools and to help in these difficult, high stake situations.

It is our experience that reasonable estimates of financial exposure can be performed early in the litigation process using various approaches that address complexities that can plague more rudimentary analyses. With a more robust assessment of financial exposure early in the litigation, strategic decisions will likely be better grounded with the knowledge of the potential financial risks.

KPMG can assist with:

  • Early Assessments of Potential Financial Exposure
  • Damage Issues
  • Electronic Discovery
  • Data Mining, Data Analytics and Analysis

Intellectual Property Claims and Reviews

The rapid evolution of technology, the changing legal landscape, and the highly litigious environment we operate in has made intellectual property litigation a growing concern for plaintiffs and defendants alike. Our intellectual property litigation services are designed to assist clients in assessing and reporting on the losses allegedly suffered by the intellectual property owner and assessing the value of the benefit to the alleged infringer. To be successful, the expert is required to have specific knowledge and understanding of the various approaches and methodologies that are accepted by the Court for the calculation of the economic consequences of infringement. Determining the lost profits of the patent holder, the accounting for the profits of the infringer and the determination of a reasonable royalty all must be properly determined, calculated and explained. This requires a team who focuses in this area, keeps abreast and remains aware of the fast paced and ever changing legal environment. The case law being developed on a regular basis has real and potentially significant impacts on the expert and the chosen approaches.

KPMG draws on its extensive experience to assist companies in the following ways:

  1. Expert witness: KPMG specialists in intellectual property litigation assist legal counsel by preparing a damages opinion and appearing as experienced expert witnesses if and when a matter proceeds to trial. 
  2. Consulting expert: In particularly complex cases, KPMG specialists assist legal counsel by performing analyses that help to frame the issues and determine an appropriate course of action. In this way, the KPMG specialist helps the legal counsel in understanding the complex financial and accounting issues to better define the legal strategy.
  3. Royalty compliance reviews: We understand the complexities and nuances of a range of business contracts, processes and procedures and have been able to help companies recover revenue misstated in self-reporting statements while maintaining and improving relationships with their business partners. Our reviews aim to recover fees, help strengthen licensing relationships and identify opportunities for mitigating risk.

Insurance Claim Services

Our team assists both insurers and the insured in dealing with the difficult and sensitive task of ensuring that insurance claims are assessed effectively, efficiently, and in a timely manner.

We have experience in all types of insured events and can assist with such claims as:

  • Business Interruption – These claims involve assessing events and quantifying profits that will never actually occur, which requires an understanding of the many facets of the business and the ability to develop and evaluate past and expected performance - all in accordance with the insurance policy provisions.
  • Crime Insurance – Preparation and review of claims made under crime insurance policies and fidelity bonds require specific experience and knowledge of appropriate investigative techniques. Our staff can help ensure that the required investigation is properly conducted and that these claims are accurately and appropriately prepared.
  • Liability Claims – With product liability, errors and omissions, and other liability claims, financial losses usually form a major portion of the claim. KPMG's knowledge of accepted methodologies allows us to review for and develop realistic and appropriate approaches to the calculation of lost profits and other financial costs.
  • Personal Injury – The rules governing the calculation of claims made by injured persons vary by jurisdiction. Our experienced practitioners across Canada can help ensure that the assessment of any loss of personal income follows the rules and precedents of the appropriate jurisdiction.

Consulting and Testifying Expert Services

We work to make complex business issues transparent and understandable. Our Dispute Advisory Team can assist with the objective and impartial assessment of documentation and loss quantification. We are able to act as either consulting experts or independent testifying experts.

As an audit, tax, and advisory firm, KPMG provides clients with a multidisciplinary team tailored to each dispute. Our Dispute Advisory team has access to the latest knowledge and insight from a network of professionals who have relevant experience in a wide range of businesses and sectors. In addition, KPMG has leading professionals in areas such as accounting and auditing standards and practice (including International Financial Reporting Standards), taxation, IT projects, infrastructure, statistics, corporate finance and many other disciplines, which helps ensure we can provide strong and timely advice on a wide range of issues that arise—often unexpectedly—in the course of litigation

Our expert reports provide well explained and documented opinions that are supported by the available evidence and credible oral testimony. We have broad experience with all types of disputes including class action proceedings.

As consulting experts, we can assist your team with strategic issues related to financial, damages, accounting and business matters in a depth and manner perhaps not desired from a testifying expert.

eDiscovery Services (Managed Services and Transactional Mandates)

KPMG's differentiated, wide-ranging approach combines people, process, and technology to cost-effectively tackle today's complex electronic data discovery landscape.

KPMG's eDiscovery services help organizations manage digital evidence, including the acquisition, management and analysis of large data sets of electronically stored information (ESI).
On transactional mandates, our professionals leverage sophisticated proprietary and market-leading licensed technologies, that allow us to consistently and systematically track and maintain chain of custody for evidence, from collection through to processing, review and production. To support these services, member firms of KPMG International operate secure data centres in Canada, the United States, the United Kingdom, Australia, Argentina, Brazil, Mexico, India, South Africa, Germany and Austria.

KPMG's eDiscovery services' unique approach and design of its technical architecture enables organizations under managed service arrangements to administer KPMG's sophisticated proprietary and market-leading licensed technologies in an independent environment which prevents conflicts of interest arising from KPMG's past, current or future clients.

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