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Often, disputes are cultural or political in nature. What differentiates FTI Consulting and its subsidiary, Compass Lexecon from other consulting organisations is that we employ professionals — certified public accountants, certified fraud examiners, valuation experts and insolvency professionals, among others, with antitrust and intellectual property expertise — who have lived and worked in the jurisdictions involved. As a result, we understand the context of the dispute and can provide unrivalled perspective. Applying our complete suite of litigation support and investigative, consulting and expert witness services, we gather technical, economic and commercial privileged insights and meld them with other data and information gleaned from our investigations to provide law firms and corporation counsel around the globe with a much more three-dimensional, holistic view of dispute events.

Our Service Offerings

Loss of Profits Assessment

FTI Consulting and its subsidiary, Compass Lexecon have been engaged in many lost profits disputes either caused by increased construction costs or delays or contractual disagreements created by the effect of changing market conditions on power purchase agreements. Our Energy professionals are well versed in providing economic analyses and valuation of damages or losses, and serve as expert witnesses in support of our clients’ positions.

Regulatory Disputes

Wholesale energy regulatory disputes arise as the regulations are being created or after they become law. Experts from FTI Consulting and its subsidiary, Compass Lexecon are often engaged in such disputes because of our dispute and litigation experience. Our team includes experts who have worked at the national government level on energy policy, for the international energy agency, for national regulatory authorities, for energy regulators, for utilities, etc. This deep wholesale market expertise provides valuable insight and clarity, helping clients during every stage of a contested matter, from early case assessment and discovery to case strategy, damages analysis, and expert witness support.

Market Design Appeals

Market design provides the rules and regulations for trading wholesale power or natural gas. Disputes arise as the rules are being created and after they are law. An example is the dispute over long distance transition losses and who should pay for them. The debate is about whether every power station should pay for its own transition losses or should they be paid or shared by energy retailers and ultimately their end users. This is a very contentious argument that motivates market participants to attempt to make changes to the rules for trading wholesale power or natural gas. The outcome is usually a dispute that sometimes leads to litigation. FTI Consulting and its subsidiary, Compass Lexecon professionals are widely experienced in supporting clients in these kinds of disputes and often act as expert witnesses.

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