Expert Witness Awards 2024 www.acquisition-international.com • Expert Witness Awards 2024
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Contents 4 Charles Dotou: Reproductive Health & Sexual Research Specialist of the Year 2024: Charles Dotou 6 Pyper Medical Services: Best Obstetrics Expert Witness 2024 (UK): Ruth Mason 8 Alb & Kos: Best Southeast Europe Country of Origin Reports Specialist 2024 9 Ranka Consulting: Best AI-Related Infringement & IPR Expert Witness 2024 (USA): Sanjay Ranka 10 Navesink International: Best Financial Markets Expert Witness Specialists 2024 - USA 11 Shanghai Steele Business Information Consulting Co. Ltd: Leading Experts in Enterprise Risk Management & Control 2024 – China 12 Pegasus Squire Inc: Best Computer Forensics Electronic Discovery Expert Witness 2024: Scott Cooper 13 Key Legal Considerations When Drafting a Business Contract: By Yulia Barnes, Founder and Managing Partner of Barnes Law. 14 Commercial Disputes: The Pros and Cons of Arbitration- lia Barnes, Founder and Managing Partner of Barnes Law. 6 8 12
4 | Acquisition International, Expert Witness Awards 2024 Reproductive Health & Sexual Research Specialist of the Year 2024: Charles Dotou efined as an expert advisory firm that’s committed to providing reports to organisations looking to further support their clients’ cases – be they local authorities, governments, lawyers, doctors, consulting firms, international organisations, universities, or embassies – Angels & Charles Consulting is a company that reflects the detailed experiences of none other than Charles Dotou himself. Predominantly operating across Europe, the US, Australia, and Canada, the firm delivers reproductive health consultancy services to various law firms around the world. Empowered by its ability to compile detailed reports on a myriad of situations on a countrywide scale, Angels & Charles Consulting applies a cutting-edge approach toward assisting and uplifting others. Whether it’s advocating for equality, equity, and social justice within the management sphere, or lending a hand to clients hoping to improve their performance, Angels & Charles Consulting operates to the highest level in order to ensure an optimal outcome is reached. However, where the company truly thrives is in the power it places in the hands of clients submitting asylum applications. Often times, this process sees Angels & Charles Consulting delivering critical insights through country conditions reports to lawyers whose clients – primarily those facing persecution due to their sexual orientation – are in dire need of protection. In fact, it’s this branch of reporting that Angels & Charles Consulting takes most pride in. Able to carry out expert reports for humanitarian protection and those facing potential harm from their own family, the collective addresses a myriad of issues that lawyers require in order to strengthen their clients’ cases. For example, Angels & Charles Consulting is renowned for developing reports that tackle elements such as the legal and social treatment of the LGBTQ community, the likelihood of these individuals facing persecution from family members for their identity, the availability of state protection for LGBTQ people facing said threats, and any further relevant information. Partnered with its ability to determine the political climate and religious beliefs of certain countries, Angels & Charles Consulting provides essential information that can play a crucial role in any asylum seeking case. As detailed, Expert Witness is a surefire way to inform the justice system and unlock the potential for more balanced decision making processes. It reduces bias, grants much-needed insights, and adds details to a muddy canvas in order to paint a crisp picture of the truth of a certain situation. It’s for this very reason that Angels & Charles Consulting is so passionate about its work – it understands that its partners’ clients may have their very livelihoods at stake, and it’s prepared to provide clarity and evidence in order to ensure a fair outcome. Asylum seekers already have an immense amount of challenges to tackle, but Angels & Charles Consulting ensures that they needn’t do so alone. When we requested a comment from none other than Charles Dotou himself, he had this to say – “As an academic involved in teaching reproductive health internationally, I’m always aware - through early interventions and horizon scanning hubs predicting the future, and taking into consideration new factors or parameters.” In essence, Charles is fiercely passionate about creating a world in which social barriers no longer exist, gender discrimination is abandoned, and equality can manifest in tandem with cultural respect. Idyllic, this vision for the future is what inspires Charles to give his all to those who need it the most, resulting in the exemplary Angels & Charles Consulting. The future is promising, with many already making the shift toward accepting those who have often been unfairly treated by societies across the world. As such, Angels & Charles Consulting is eagerly anticipating positive growth in the years to come, with its ethnic centered approach promotion beginning to become more and more prevalent with every passing day. Though the journey may have been uncertain, Charles Dotou has leveraged his personal experiences and genuine desire to ensure that relatively unprotected groups thrive within a legal setting, and the outcome is clear to see. Angels & Charles Consulting is a representation of the kindness that can be born from strife, and Acquisition International couldn’t be happier to shed some light on such a selfless entity. Expert Witness is a field that often times goes overlooked, but Angels & Charles Consulting has proven that it’s a fundamental part of the inner workings of court cases. Through its unique input, asylum seekers finally have an opportunity to present a vivid depiction of their circumstances, with Angels & Charles Consulting there to support them each step of the way. It’s for this very reason that Acquisition International believes it only right to feature Angels & Charles Consulting in the anticipated debut of our Expert Witness Awards 2024. Contact: Charles Dotou Company: Charles Dotou Web Address: https://www.angelscharlesconsultingltd.com/ At times, enlisting the assistance of an expert witness can mean the difference between a complex case spanning a needlessly lengthy amount of time, and a swift resolution. Essential to clarifying specialist subjects, these individuals help to outline the nuances of a case, granting jurors insight into areas that require elaboration to proceed. When considering reproductive health and sensitive sexual research topics, no expert witness presents more potential than Charles Dotou. Amplifying the voices of clients and primarily providing country of origin reports, Charles Dotou leverages his experience to shed light on the tribulations facing his clients. Below, we delve into more detail. D
Reproductive Health & Sexual Research Specialist of the Year 2024: Charles Dotou
6 | Acquisition International, Expert Witness Awards 2024 r Ruth Mason provides expert opinions on every stage of the pregnancy process. From early pregnancy care and medical complications to labour, delivery issues, and postnatal concerns, she leverages years of obstetrics consultancy and report writing expertise to support the course of justice. She takes great pride in the role, delivering her services according to exceptional standards of impartiality and integrity. Having received her medical degree from the University of Edinburgh, Dr Mason completed her MD in foetal immunology at the university of London. From a distinguished position as a member of the College of Obstetricians and Gynaecologists, she was appointed as the labour ward’s lead consultant at West Sussex Hospitals Sussex NHS Foundation Trust Worthing Hospital. The medicolegal sector caught her attention after she developed an interest in risk management reviews, and she subsequently embarked on her journey with Pyper Medical Services. She currently holds the Cardiff University Bond Solon Expert Witness Certificate, consolidating her place at the forefront of the medicolegal industry. Dr Mason’s expertise in obstetrics equips her to understand medical complications surrounding pregnancy, labour, and birth injuries. Regardless of the stage at which damage is caused, she is prepared to leverage her working knowledge to understand even the most intricate cases of clinical negligence during pregnancy. As a current practicing obstetrician with such a wealth of industry experience, Dr Mason’s services are highly valuable to the court. Her daily experience observing pregnancies, prenatal and postnatal complications, and a first-hand insight into the working lives and struggles of fellow obstetricians poises her to inform legal decisionmaking. She ensures first-class client service in the most crucial way any expert witness can: by taking a balanced, careful measure of the facts at the heat of every case. “An open mind for each case,” she shares, “is not only legally required; it’s a necessity to ensure I can take a balanced view of the actions undertaken by everyone involved.” “Each client is unique and has their own complex situations which need to be considered. I provide an opinion based on national guidance and my own background as an obstetrician. The most important thing is to prepare a balanced and fair report based on the evidence provided. ” Dr Ruth drafts several types of report for clients. Breach of Duty & Causation Reports convey a full analysis of relevant medical records and links these to an alleged breach in medical staff’s duty of care. This aims to explain precisely how and why a medical professional, or professionals, have directly or indirectly caused injuries and complications to the pregnancy process. Condition & Prognosis Reports detail specifically how this alleged breach has affected the individual. Screening Reports, directed to clients, provide an expert’s opinion on whether legal action is warranted and how substantial this evidence is. Solicitors across the UK attest to the quality of Dr Mason’s report writing and delicate, professional patient handling. “I am pleased to say that the matter has now settled,” one client attests. “Dr Mason’s input has been incredibly useful.” Another reports, “I have been using the services of Dr Ruth Mason for medical negligence cases in Ireland for some time now. In that time, I have found the service to be of the highest standard with the reports furnished to be of equal excellent standard.” Yet another satisfied client praises Dr Mason for her “excellent reports,” “outstanding patient skills,” and an expert grasp of the underlying legal complexities. Pyper Medical Services provides an average report turnaround of around three months, though this timescale varies from case-tocase. Dr Mason and the team are conscious of the urgency some cases demand. A strong client focus underscores every facet of the company’s service which translates to fast-tracked cases on shorter timescales where it is necessary and possible to provide them. “Pyper Medical Services was founded in 2010 to improve the organisation of medicolegal work, providing better liaison and a faster turnaround time in the rapidly expanding field of clinical negligence. Our experts are accredited consultants at the top of their fields who are experienced in writing comprehensive, court compliant reports.” Currently, expert witnesses within Dr Mason’s field are under pressure to both meet increasing demand for their services and adhere to ever-changing national guidelines. While electronic medical files improve the overall efficiency Dr Mason’s work and that of her peers, she regrets that “the data is often incomplete and hard to follow.” This often necessitates regular contact with solicitors to provide updated responses to investigations. With continued diligence and clear, regular communication, Dr Mason overcomes these issues and maintains good working relationships with solicitors. 2024 has been a predictably busy year for Dr Mason, and she has medicolegal reports scheduled until as late as January 2025. However, she remains available to help clients find the truth in their complicated medical cases. She enjoys holding this position within Pyper Medical Services and feels free to rely on the expertise of her colleagues, who assist one another in complex matters according to rigorous standards of discretion and professional ethics. Dr Ruth’s contribution to the medicolegal scene is testament to her professional excellence. Between her roles as a prominent consultant and an expert witness, she demonstrates a uniquely impressive literacy in both obstetrics and clinical negligence cases. When medical care is found to be negligent or even dangerous, it is vital to the judicial process that the facts are appropriately represented throughout ensuing legal proceedings. Pyper Medical Services Ltd. plays a key part in that representation, providing expert witness services to parties in clinical negligence cases, writing comprehensive, court compliant reports on behalf of defendants, claimants, and joint clients. Here, we speak with Dr Ruth Mason, the company’s expert witness in the field of obstetrics, to celebrate her success and gain insight into her compelling line of work. D Best Obstetrics Expert Witness 2024 (UK): Ruth Mason
Best Obstetrics Expert Witness 2024 (UK): Ruth Mason Her place among esteemed colleagues with Pyper Medical Services is well-earnt by her years of service, passion for the industry, and consistently outstanding service. Company: Pyper Medical Services Web Address: www.pypermedicalservices.co.uk
8 | Acquisition International, Expert Witness Awards 2024 Best Southeast Europe Country of Origin Reports Specialist 2024 Vebi Kosumi LLB, LLM is the visionary behind Alb & Kos, specialising in providing expert Country of Origin Information (COI) such as reports to people in the Western Balkan countries, primarily Albania and Kosova, but also North Macedonia, Montenegro, and Serbia. Across this one-man operation, Vebi works closely with solicitors who, in turn, enquire and provide detailed instructions to their clients, many of whom are facing removal, extradition, or deportation to the above countries. Contact: Vebi Kosumi LLB, LLM Alb & Kos Web Address: https://www.albkos.co.uk An international lawyer and political scientist based in Kent, England – Vebi Kosumi LLB, LLM leverages decades of experience in the field of COI and research across such areas as public law, international private law, terrorism, international human rights law, and immigration law. Having previously been OISC (Office of the Immigration Services Commissioner) accredited for ten years, Vebi’s expertise spans everything from human trafficking and modern slavery to political persecution and torture. Some highlights of Vebi’s storied career include having written more than 250 expert reports for immigration tribunals, extradition courts, and the UK Crown Court. Beyond this, Vebi has also appeared as an expert witness in all of the above settings. This has been made possible thanks to the law degree (LLB) from the University of Prishtina, Kosova and the Master of Law (LLM) in international law that Vebi received from the University of Kent, UK. These prestigious qualifications set the wheels in motion for the mastery that would follow over subsequent decades. The majority of the clients that Vebi takes on are asylum seekers whom the Home Office is attempting to return to their countries of origin, meaning that his work has an effect on an international level. Vebi speaks fluent Albanian, Serbian, Croatian, and Bosnian alongside English, which is useful when obtaining insight from Western Balkans clients, particularly Albanian and Kosovar clients. This is just one of the elements that put him firmly ahead of regional country-of-origin experts. He has contributed significantly to his professional advancement, having been accredited as a member of the Academy of Experts since 2020. Further distinguishing Vebi Kosumi LLB, LLM is that he ensures that a solicitor thoroughly checks every of his country’s expert reports, and he always requests detailed feedback. The reports that this expert provides are consistently excellent, corresponding with the five-fold increase in demand for his services that has been experienced over the past few years; this is predominantly on the back of the government seeking to resolve the backlog of asylum claims that has been building up in recent years. Despite the considerable increase in demand experienced by existing and prospective Alb & Kos customers, Vebi has not been able to increase the production of his reports, as this undertaking will be impossible without sacrificing the quality that he has become renowned for in this increasingly challenging field of expertise. His work depends almost solely on the strength of his name, his experience, and his results, and Vebi is unwilling to compromise on any of these areas as he looks ahead to the future. This does not diminish Alb & Kos’s reliable and professional service for every client; however, it does reflect the quality of the reports that can be expected for a country expert report. Vebi remains easily contactable by email and is aware of the challenging times that his clients are experiencing. In short, the quality country expert reports for asylum, extradition, and crime that Vebi Kosumi LLB, LLM provides clients across the Western Balkans through Alb & Kos have the power to change lives for the better. The quality that Vebi embodies regularly can be seen further in this extract from a recent tribunal hearing at which he was an expert witness: “Mr Kosumi’s report runs to 57 pages. The bibliography alone runs to seven pages. His report was not challenged in cross-examination.” An asset to the field, it is our pleasure to recognise Vebi Kosumi LLB, LLM, as the Best Southeast Europe Country of Origin Reports Specialist 2024. Through Alb & Kos, this professional put his more than two decades of experience to good use, and his unwavering commitment to setting the highest standards will continue to stand him and his business in good stead for many years to come.
Expert Witness Awards 2024, Acquisition International | 9 Best AI-Related Infringement & IPR Expert Witness 2024 (USA): Sanjay Ranka roud to have worked his way up to becoming a Distinguished Professor in the Department of Computer Information Science and Engineering at the University of Florida, Sanjay Ranka is an irrefutable master of navigating the world of algorithms, databases, analytics, computer systems and machine learning. As such, when presented with the opportunity to leverage his skills as an expert witness, he quickly began to develop an intricate process that has allowed him to continuously engage with legal cases in a myriad of unique ways. Empowered by his meticulous approach, Sanjay certainly embodies what it means to be an expert. However, to fully understand Sanjay’s approach, we must break it down into its fundamentals. To begin, he takes the time to gather detailed information about the specific requirements of a case. Obtained through an intricate conversation with the hiring attorney, Sanjay is able to ascertain key issues, determine the type of expertise needed, and the scope of the overall workload. From there, he’s able to identify if his input could provide support to a particular case – most commonly in the realm of patent infringement and invalidation cases. Once securing an approach that he believes will maximise his impact as an expert witness, Sanjay proceeds to set clear boundaries and seamlessly manage his time. Though it may seem a less significant factor of the larger expert witness process, recognising where he can fully invest his time and expertise is a core component of Sanjay’s approach. In avoiding the pitfall of over-commitment, he’s able to truly harness his capabilities to provide high-quality and focused expertise. Specialising in providing essential expertise in the realm of computer science, Sanjay Ranka is a standout expert witness whose affinity for algorithms, software, databases, machine learning, cloud computing, and GPU computing transcends expectations. Carrying out a detailed process – one that we’re eager to explore below – Sanjay is able to approach his role as an expert witness with an exemplary level of finesse, resulting in the much-needed provision of critical insights. Join us as we delve into how Sanjay Ranka’s capabilities have earned him a position in the debut of Wealth and Finance International’s Expert Witness Awards 2024. P In essence, though by no means limiting himself, Sanjay is a master of recognising where his expertise would serve best, and fully committing to these particular areas. Partnered with his ability to perfectly balance confidence with practicality, Sanjay has become something of an evidence-based expert witness – one that is committed to delivering insightful statements that are backed by facts.. In essence, Sanjay Ranka is an expert witness who, despite boasting ample knowledge pertaining to his specialty, is always amplifying the accessibility and accuracy of what can often be viewed as a complicated profession. Wealth and Finance International has always been fascinated by those who are able to transform their expertise into something impactful, and Sanjay Ranka is a prime example of someone who does so while honouring the role he plays as an expert witness. Backed by specialty knowledge and an approach that perfectly captures the very essence of an expert witness, Sanjay manages to flawlessly navigate the process.. Humble, yet meticulous in the most admirable of ways, Sanjay Ranka is an expert witness that any client would be lucky to work alongside, and it’s for this very reason that he has earned himself the recognition of Wealth and Finance International. Contact Details Contact: Sanjay Ranka Company: Ranka Consulting Web Address: https://sanjayranka.com
Aug22499 10 | Acquisition International, Expert Witness Awards 2024 Navesink International: Best Financial Markets Expert Witness Specialists 2024 - USA ffering exemplary services to prominent law firms, legal consulting houses, and regulators alike, Navesink International is a collective of securities professionals combining uncommon hands-on financial markets expertise. Its inputs in technical high-stakes cases are particularly renowned. The company leverages its premier capabilities to ensure that each topic, no matter how trivial or complex, is explored in a way that is aligned with the evidence at hand and educative to the deciders of facts. In essence, Navesink International is a collective of peerrecommended, vetted individuals with top communication skills and agreeable persona, who are immensely enthusiastic about representing the highest work quality – professionals who guarantee unlimited access to the strongest technical knowledge present in the industry. Proud to house some of the US’s most distinguished industry leaders, the firm is able to provide unique expertise for high-stake cases spanning the securities industry, while remaining adaptable and diligent. Without top or bottom-line financial targets, Navesink International has spent its tenure aligned with one simple objective: clients deserve the best services, and one must do whatever it takes to deliver that level of quality to them. To achieve this valuable outcome on a consistent basis, the firm doesn’t only hire the experts recommended by their peers as the top of their fields; it also nurtures a collaborative culture to support their skills and practice. In doing so, it has cultivated a team of specialists, whose decades of experience provide the best reviews, analysis and explanations, from discovery to testimony. Placed in the unique position as ‘Home of the Best Experts,’ Navesink International is an example of a specialist expert witness firm that demonstrates unrivalled expertise in the world of trading, hedge funds, investments, products, and financial markets. With a pristine reputation and spoken highly of by each client it services, this award-winning firm is a significant player in the legal world. Acting as an expert witness and consultant on many prominent cases, it earns praise for its determination and value. Navesink International has encountered significant growth, with further development in the years ahead. The Expert Witness Awards 2024 is the first programme of its kind among Wealth and Finance International’s array of award titles. Created to shed light on those who are more than just field experts, it has allowed us to turn our attention to collectives who are eager to use their wisdom and insight to benefit others in unique ways. No financial market expert witness firm masters this art quite like Navesink International. Adaptable, capable, and professional through and through, Navesink International is the pinnacle of excellence in the expert witness world, and we look forward to seeing the team’s future endeavours. Contact: Gontran de Quillacq, CEO Company: Navesink International Email: GdeQuillacq@NavesinkInternational.com Web Address: https://www.navesinkinternational.com/ Widely recognised as a premier expert witness firm for financial markets across the US, Navesink International has long played a critical role in explaining complex matters in legal proceedings. Operating in harmony with some of the most prominent clients, this award-winning team of industry experts leverages its commitment to quality and strong technical knowledge to empower clients throughout their legal journeys. We explore the depth of the company’s capabilities below, and how its team of industry experts uses a breadth of competences to support the judicial system. O
Expert Witness Awards 2024, Acquisition International | 11 Innovation and a strong client-focus head the list of Steele’s corporate values, fuelling one another to hone its offering and expand its services. In the company’s words, it places the “customer first,” while adhering to the principle of “speaking with facts, without investigation, there is no right to speak.” “With unique resource advantages, a senior consultant team, superb information technology, and a mission to achieve exceptional results, we have maintained long and stable relationships with hundreds of domestic and foreign enterprises.” Shanghai’s Steele Business Information Consulting Co. Ltd. provides award-winning service across its full offering, making it the ideal partner for eminent law firms and industry-leading enterprises the world over. The team is prepared to align its strengths with diverse business strategies to protect clients’ interests proactively, interactively and reactively at every turn. Contact: Louis Wei Company: Shanghai Steele Business Information Consulting Co. Ltd. Web Address: www.sdechina.cn Leading Experts in Enterprise Risk Management & Control 2024 – China From its beginnings as am ambitious professional business investigation team, Steele has gone on to join the World Detectives Association in 2011, registered Hong Kong Best Choice Business Research Company in 2019, served clients along the way with professionalism and diligence. Its diverse services range from corporate compliance management and anti-fraud advisement to IT and network consulting, utilising a pool of vast expertise to ensure clients’ operational safety and regulatory compliance. Steele’s team boasts a broad skillset which it leverages to offer truly comprehensive business security and risk management solutions. Senior consultants, first-class lawyers, and an elite team of investigators come together under Steele to provide its innovative range of solutions. The company’s full suite of legal services includes crucial tools for legal security such as anti-malpractice, intellectual property offerings and non-compete evidence collection, covering business interests from niche angles of vulnerability. The team applies this highly diverse expertise to provide unique services to each client. It is poised to assess clients’ areas of vulnerability and provide tailored risk management solutions to suit, acting dynamically to offer the utmost value for money and a swift return on investment. Every duty is performed with the widely discretion in accordance with information-handling regulations. “Our clients are well-known enterprises and law firms domestic and foreign with a leading position in their industry. We also provide intellectual property services for the world’s top 500 companies. The services we provide bring significant protection to customer interests, and our personalised services ensure that our clientele’s information is 100% safe.” Steele’s mission is to provide a strong compliance system and drive the healthy development of enterprises both foreign and domestic. Its business consulting services include market analysis, policy interpretation, and competition analysis, offering businesses a keen market advantage. It maintains long-term relationships with eminent enterprises, fostering trust by consistently demonstrating the benefits of its modern skillset and proactive approach which drives profitability and refines overall business strategy. The business’s visionary security services comprise anti-fraud measures and the construction of a full cyber security ecosystem focused on application, network, and data safety as well as black market hacking prevention. With a comprehensive infrastructure organised by Steele, businesses benefit from a modern cybersecurity package which forms an exceptional line of protection aligned with the standards of the world’s foremost businesses. Since 2005, Steele has garnered a reputation for excellence in diversified business information consulting and first-class client services. As the international industry leaders, Steele rely upon its diligence and expertise empowers clients with legal solutions, risk management, secure networks services etc., thoroughly protects their business interests and daily operations. Shanghai Steele Business Information Consulting Co. Ltd.
12 | Acquisition International, Expert Witness Awards 2024 Industry Leader: Electronic Discovery & Computer Forensics Expert Witness 2024: Scott Cooper Understanding sophisticated and technically-oriented digital evidence, its metadata, and the related computer systems is no small feat and, within legal settings, it is of utmost importance for expert witnesses to be present to explain those complex concepts. It is similarly important that, when called upon, each expert witness can distil complicated information and convey it simply and effectively. Pegasus Squire, Inc. is a leading presence in this computer forensics market, making a huge difference to innumerable cases over the last four decades with its vital approach to making information digestible. Here, we speak with Principal Scott Cooper for a unique insight into the industry and the company’s tremendous success as an industry expert. As many are aware, when two parties litigate, they rely on digital evidence, including the metadata that aids in authenticating and validating the legitimacy and significance of that digital evidence. When one of the parties engages a computer forensics expert to efficiently explain the digital evidence to the trier of fact, the case is able to progress significantly faster and more effectively than if only a judge or jury were to be assessing the case. This is where Pegasus excels as it specializes in providing electronic discovery and computer forensics services, both tactically and strategically, and crucially, with the related expert witness testimony. The Pegasus team typically serves law firms involved in corporate litigation cases, as well as internal corporate investigations prior to litigation. Its specialists clarify technological evidence for complex and highly-significant matters, and its track record working for many of the AmLaw 100 law firms has demonstrated the value of its vast expertise and ability to communicate its findings simply and effectively. “All of our staff have extensive technical backgrounds, especially in computer systems, data, analysis, forensics, and the business systems and processes that surround those technologies. But our biggest strength and differentiating factor from other practitioners in the industry is the ability to understand the essence of the case, and then to focus the data examination and analysis to the legal strategy of that case.” The company has worked in the interests of hundreds of clients spanning a tremendous range of industries and sectors. Regardless of the client and their circumstances, Pegasus is equipped to provide crucial information for its clients to make well-informed business and litigation decisions. “We completely understand (and devour) the bits and the bytes,” says Cooper, “and they are the foundation of our analysis, but our client conversations surround strategy, risk, and reward.” These services have benefitted corporate and institutional clients alike, such as The White House, the US Department of Justice, General Electric, Mattel Toys, Allergan Inc, Sony Pictures, Warner Brothers, Jones Day, Kirkland & Ellis, O’Melveny & Myers, and beyond. In tandem with its technical expertise, the team prides itself on delivering effective and straightforward communications for the benefit of those desiring more grasp of the tech under scrutiny. Cooper regrets that “a lot of practitioners in our field operate as the traditional ‘technical nerd’ that gets lost in those bits and bytes and cannot effectively see or communicate the bigger picture.” The Pegasus tried and true workflows and methodologies produce highly effective and easily comprehensible focused results for its clients. The team starts by understanding the case history and objectives. It then gathers relevant data, identifies the “smoking guns” within it, and rigorously prepares it for presentation. Owing to the Pegasus command of technical examinations and this keen ability to present information clearly, its team members have been appointed as special masters, courtappointed referees, and the court’s expert in many instances. “When the matters continue to trial, we’ve found that both judges and juries frequently comment that our work and testimony are particularly helpful and informative in helping them understand what really happened.” Given the increasing digital presence in people’s working and personal worlds, the need for computer and data forensics experts is increasing exponentially. Along with it, the demand for the Pegasus services is rapidly rising, and the team is uniquely poised to assist with a broad spectrum of concerns. The team’s blend of strategic acumen and professional experience of so many disparate industries provides the ideal technology forensics solution. As members of nationally recognised investigative organisations, the team continues to hone its offerings by incorporating best practices and leading methodologies as part of their peer networks. Since the early ‘80s, Pegasus has been pioneering its industry. Throughout the rest of 2024 and beyond, it expects the “bad guys” to remain consistently aggressive, evolving their tactics to exploit weaknesses in corporate data and technological infrastructures. As a recognised market leading presence in E-discovery, it has played a tremendous role in supporting well-informed litigation efforts during each of those decades, and its expert witness testimonies have helped the justice system accommodate to these new threats, crimes, and corporate concerns. For both proactive and reactive electronic discovery and computer forensics solutions, Pegasus Squire provides a sophisticated modern offering, relied upon by courts, highprofile clients, and eminent law firms alike. It affords clients much-needed certainty when faced with complex technological information, allowing for truly informed decision-making. Contact: Scott Cooper Pegasus Squire, Inc. info@PegasusSquire.com +1.866.208.6837 E-Discovery Unrivaled - Strategy, E-Discovery, Computer Forensics, and Expert Testimony CMC, CECI, 3CE
Expert Witness Awards 2024, Acquisition International | 13 Key Legal Considerations When Drafting a Business Contract By Yulia Barnes, Founder and Managing Partner of Barnes Law. well-written business contract is like an insurance policy, protecting you and your business in the event of something going wrong, and failing to have a written contract in place can be a costly mistake in the event of a contractual breach or a dispute. Though in English law oral contracts are legally binding, a clearly expressed written contract provides a greater degree of clarity and certainty, protecting parties by defining their obligations and the consequences of a breach, while avoiding the cost and complications that result from a dispute. Each contract will vary depending on its function and context, though there are practical legal considerations that must be kept in mind to ensure your contract provides the proper protections. Key elements of a commercial contract For a business contract to be legally binding and enforceable, it must contain several key elements, for example offer and acceptance, which requires an offer inviting to enter into a contract, which is then accepted by the parties involved. Once accepted, a legally binding contract is formed. Related to this is the requirement that all parties involved in the contract have the legal capacity to enter into a contract. To ensure the contract is legally enforceable, there must be sufficient certainty contained within the agreed terms, which should be unambiguous. Next is consideration, which represents what each party is bringing to the table in order to strike a deal. Depending on the context, this could be a monetary consideration, or services, or even a promise of refraining from specific actions. For a contract to be legally enforceable, each party must be providing consideration, and the contract must clearly define what form this takes. Finally, a valid contract must contain the intention to create legally binding relations. This means that parties involved in the contract must have a clear intent to create a legally binding agreement between them. Time and resource allocation Commercial contracts are both resource intensive and time-consuming to draft in full. It’s therefore important to consider how much of both time and money you are willing to invest before beginning the drafting process. This may mean carefully considering the allocation of internal resources, such as which teams or individuals to involve in the drafting process, and how they will communicate with one another. Similarly, setting clear timeframes for each stage of a contract, from drafting through to negotiation and finally execution, will create a smoother experience for all parties involved, avoiding both delays and additional cost. Contract negotiations A certain amount of negotiation or back-and-forth is to be expected when drafting up a commercial contract. Deciding how you will approach these negotiations and the strategies you will use is an important element of securing favourable terms for your business while preserving a positive relationship with the other party or parties. Ensure you enter into negotiations armed with knowledge of your bargaining power and the relevant market conditions, as well as the points you are willing to compromise on, and those which will be your deal breakers. While it’s important to negotiate from a position of strength, it’s also necessary to maintain good rapport with the other party to arrive at a mutually beneficial agreement, and often this will require entering negotiations with a willingness to be flexible and open to compromise. With that being said, ensuring you have access to legal advice is key for safeguarding your own interests during negotiations. Clarity and structure Language can sometimes be vague and open to multiple interpretations. When it comes to drafting a contract, it’s essential that the language used is unambiguous, or you could be setting yourself up for costly disputes further down the line. Using precise and clearly defined language, including industry-specific terms and jargon, will help to minimise the risk of misinterpretations. It’s also important that your contract clearly sets out the rights and responsibilities of each party involved, ensuring all parties understand their legal obligations. The structure of a contract should aim to be easy to follow, logically flowing from general provisions to more detailed terms and clauses, and each of these should be carefully reviewed to ensure their impact is intentional and does not interfere with the overall validity or enforceability of the contract as a whole. Final thoughts Contracts are vital for mitigating the risks of entering into commercial relationships, and ensuring your interests are protected while fostering positive, long-term business relationships. They are, however, a rather complex undertaking. It’s therefore essential to have access to the right legal expertise during the drafting, negotiation and execution phase so you can have confidence in the certainty and enforceability of the final contract. A
14 | Acquisition International, Expert Witness Awards 2024 itigation – that is, formally dealing with a dispute through the parties’ domestic courts – has long been the go-to solution when commercial disputes arise, but this form of dispute resolution has been regarded as lengthy, costly, and does little to preserve any commercial goodwill between the parties involved. Conversely, Arbitration has become an internationally welcome form of commercial dispute resolution. So, what does arbitration entail, and is it the right choice for you should you find yourself at the centre of an ongoing commercial dispute? What is arbitration? There are times where formal litigation is unavoidable. However, both commercially and within the judiciary, there is a growing interest in, and encouragement of, alternative dispute resolution [ADR] – that is, procedures for resolving disputes outside of court. Arbitration is one such form of ADR. The powers of an arbitral center or court stems from the New York Convention 1958, under which contracting states agree that their domestic courts shall recognise and enforce foreign arbitral awards. Examples of the most prominent arbitration centers and courts include the London Court of International Arbitration (LCIA), the Swiss Arbitration Centre, the Hong Kong International Arbitration Centre (HKIC), and the International Chamber of Commerce (ICC). A contractual clause may provide that a particular arbitration center will have jurisdiction to consider a potential dispute. However, a dispute may be referred to arbitration by way of separate arbitration agreement. The parties involved in the dispute will then appoint an arbitrator – an impartial third party with expertise in the area in dispute. This might be a single person, a sole-arbitrator, or an arbitral tribunal. An arbitration clause or agreement may also determine how the tribunal will be formed. As well as possessing specialist insight into the relevant areas involved in the dispute, the tribunal can include the most well-respected and experienced lawyers within that jurisdiction and can often include lawyers qualified in both civil and common law, which is particularly useful in cross-border disputes. The arbitration will be governed by the procedural rules published by the various arbitration centres, which are drafted to provide the parties with flexibility and choice as to procedure. Any hearings can take place in a venue within the ‘place’ (location) of the arbitration, whilst the agreed ‘seat’ of the arbitration (the applicable law) will determine how the arbitration is supervised and conducted. Despite not taking place in court, it’s important to note that the decision made by an arbitration tribunal is legally binding, meaning parties are obligated to follow it. As above, parties may also turn to the domestic courts to seek enforcement of an arbitral award. Benefits of arbitration Perhaps the greatest asset of arbitration as a method for solving commercial disputes is the parties’ (and the tribunal’s) ability to expedite the resolution of the claim, compared with the domestic courts. Court processes are often slow, so parties wishing for a speedy resolution to their dispute may opt for arbitration on this advantage alone. In most cases, arbitrators can deal with a dispute within the proposed timescale of the parties involved. Related to this is increased flexibility of the arbitration process, where the process can be better adapted to the availability of the parties, compared with a court process which is far more fixed and rigid. Arbitration can also be a more cost-effective option, as the quicker resolution time reduces the time spent attending to the dispute that can be focused on the parties’ respective commercial interests. Commercial disputes can often be highly technical, and as such, the ability to appoint an arbitrator who is an expert in the subject matter in question is yet another huge advantage over litigation, as is the ability for parties to choose their arbitrators. In court proceedings, no such choice over the presiding judge exists. Finally, court proceedings are open to the public. For sensitive commercial disputes where parties wish for their interests to remain private, the arbitration process offers this confidentiality. Drawbacks of arbitration Arbitration offers some unique benefits as a method of dispute resolution when compared with litigation, but there are also some potential disadvantages associated with going down the arbitration route. Though often a cost-effective option when compared to litigation, arbitration can still pose a significant cost, particularly in cases where the dispute is complex. Likewise, in these complicated instances, litigation may still be a speedier resolution, such as instances where finding mutually acceptable hearing dates is a challenge. Like litigation, arbitration is still fundamentally an adversarial process, and as such, parties may be unhappy with the decision imposed upon them. Due to this adversarial process, those in the middle of a lia Barnes, Founder and Managing Partner of Barnes Law. L Commercial Disputes: The Pros and Cons of Arbitration
commercial dispute wishing to preserve as much goodwill between parties as possible, may still prefer to investigate other methods of ADR, such as mediation. The decision of the arbitrator is legally binding, but unlike in court proceedings, this decision can be incredibly difficult to appeal, offering little in the way of recourse for parties that find themselves at a disadvantage at the end of the arbitration process. Similarly, though this decision is legally binding, it is not legally enforceable, and in some instances, enforcing the decision of the arbitrator may still require a judicial remedy. Is arbitration right for your business? Deciding whether litigation, arbitration or a different form of dispute resolution is the best option for you requires weighing up these various pros and cons as related to your specific commercial dispute. One of the key considerations here should be the exact nature and complexity of the dispute in question, as well as its technical nature. Naturally, your budget and time constraints will also play a role in determining the best method to pursue, but more broadly, it’s also important to consider how significant the impact this dispute might have on your business is. Privacy concerns may also play a central role here, so it’s crucial to consider whether the confidentiality of the arbitration process is better suited to your needs than court proceedings that are a matter of public record. Finally, you may want to consider how important maintaining a cordial and positive relationship with the other party involved in the dispute is. In situations where an opposing party is hostile, uncooperative or obstructive to the arbitration process, litigation may be your only recourse. Final thoughts Choosing the right method for solving business disputes as they arise is vital to ensuring your commercial interests are protected. Dispute resolution is a complex area to navigate, so it is important not only to understand the advantages and disadvantages of alternatives to litigation such as arbitration, but to also have access to the right legal advice to ensure your best interests are served throughout the dispute resolution process. Commercial Disputes: The Pros and Cons of Arbitration
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