Software & Systems
Software developers and distributors are at the vortex of mega-trends driving businesses and consumers today: cloud computing, big data, social media and mobility. Some are participating on the transformation of computing technology, and some quickly trying to adjust their business models in response to increased pricing pressure, labour costs and customer buying patterns. FTI Consulting understands the impact of transformative change on software businesses, investors, lenders and creditors. Our industry specialists have the experience and the know how to address the major technological and competitive issues that shape a company’s future viability.
Our Service Offerings
FTI Consulting assists technology companies in designing the strategies, processes and best practices that are fundamental to improved performance. For purposes of transactions and for litigation (avoidance or support) we assess and address the critical factors that drive company value including:
- Patent and copyright portfolios and licence streams, technology platforms that are the core of a company’s value proposition
- The strategies, processes, procedures and practices that determine an organisation’s ability to realise its value proposition
- The capital structure, working capital and financial and operational considerations that enable/impede a company to maximise enterprise value
Intellectual Property Services
FTI Consulting has comprehensive approach to IP management with IP services throughout the entire IP life cycle. FTI Consulting provides law firms and corporations around the globe with a complete suite of litigation support (and avoidance) and investigative, consulting and expert witness services. Our team of experts includes certified public accountants, certified fraud examiners, valuation experts and insolvency professionals, among others, with expertise in patent and copyright portfolios, licence streams, anti-trust, intellectual property rights and various technology platforms. As a result, we have been directly involved in some of the most historic, high profile cases of the last decade.IP Dispute Resolution
We have a widely recognised presence in consulting on all types and phases of intellectual property disputes including patent, trademark and copyright infringement, trade secret misappropriation, unfair competition and claims of false advertising. We assist clients in assessing and minimising risk and damage exposure before disputes arise, and, should litigation involving the alleged infringement or misappropriation arise, we assist by evaluating lost profits and reasonable royalty damages. We do this by offering a critical challenge to the opposing party’s damages claims and providing litigation support and expert testimony when needed. Other activities include assistance with early case assessment and risk analysis, discovery requests and responses, help in the formulation of deposition questions and strategies, and preparation of expert affidavits and reports.Technology and Intellectual Property Management (TIPM)
The experts from the TIPM group within FTI Consulting help companies maximise the tangible benefits from their intangible assets using a focused, systematic and directed search for value. TIPM professionals bring a wealth of experience and resources to the following services:
- Purchase/sale or licensing due diligence
- Infringement reviews
- Technology competitive intelligence
- In-Licensing, out-licensing and open innovation
- IP management strategy
- Licensing negotiation assistance
- IP management best practices and metrics
The FTI Consulting IP group’s specialised royalty compliance consultants assist clients globally by enhancing the relationships with their business partners. Our services include, among others:
- Detecting and assisting in the recovery of hidden revenue streams, unpaid royalties, understated joint venture profits and overstated costs
- Making recommendations to improve licensing and franchising agreements
- Developing royalty investigation rotation programmes
- Assisting licensees in minimising the errors relating to incorrect royalty payments
FTI Consulting’s IP professionals work with clients to deliver a strategic and tactical brand protection programme wherever intellectual property piracy occurs, and work with clients to help protect their patents, designs, trademarks, copyright, proprietary data and other intellectual property assets from theft, counterfeiting, piracy and other abuse or loss.
Through its wholly owned subsidiary, FD, FTI Consulting offers clients a brand and marketing team that helps clients assess, develop and strengthen their corporate brand integrity through a variety of communications and marketing channels. With specialists in corporate brand strategy, market analysis and consumer surveys, creative design, interactive marketing, public relations and advertising, FD advises clients on brand evaluation and strategy, as well as conceiving and implementing multi-disciplinary intellectual property marketing campaigns.
FTI Consulting provides a rare blend of traditional strategy implementation with extensive telecom operations experience in merger integration and carve-outs to identify merger synergies. We develop detailed integration and implementation plans that help management stay focused on running day-to-day operations yet speed integration and valuable cost savings, including (among others):
- Clean room analysis
- Network operations
- Salesforce and channel integration
- Make vs buy vs outsource decisions (manufacturing)
- Spectrum planning and auction strategy
- Vendor and supply chain management
- Optimisation of equipment usage and purchase strategies
With more than 1,350 transactions completed, our valuation experts understand the complexities of analysing assets and businesses in both dynamic and declining markets. Our professionals bring a unique depth of financial and practical experience to all our valuation engagements. By leveraging our significant industry expertise, we also specialise in assessing the value of intellectual property and intangible assets.
Financial opinions and valuation services include:
- Fairness, solvency, collateral valuation, intellectual property and intangible asset valuation and going concern opinions
- Purchase price allocation and goodwill impairment (ASC 805)
- Portfolio valuations for private equity funds, hedge funds, banks and other capital market constituents (ASC 820)
- Incentive compensation, options and “cheap stock” (ASC 718)
- Revenue recognition for multi-element licensing arrangements (ASU 2009-13)
- Derivative valuation opinions (ASC 815)
- Estate and gift tax opinions
- Enterprise, minority interest and asset valuations
- Equity/share-based incentives and compensation for services (IRS Sec. 409A)
The valuation specialists at FTI Consulting help determine the value of intellectual property so that companies can manage their IP optimally. The FTI Consulting team’s extensive experience includes the valuation of proprietary technology, technical know-how, product designs, in process technology/ R&D, patents, trademarks, trade secrets and copyrights. Utilising a proprietary royalty rate database and various online databases, the experts at FTI Consulting have provided estimates of fair market value and appropriate arm’s length royalty rates worldwide for corporate transactions, licensing, strategic tax planning, financial statement presentation, financing and litigation.
Company challenges may be strategic, operational, financial or market driven, but, inevitably, they will lead to loss of investor confidence if not managed optimally. Investors and management engage FTI Consulting for interim management for assistance through critical periods of transition or to achieve specific critical goals. Our healthy company and our Turnaround and Crisis Management teams provide a broad array of experience within the C-suite. They know how to manage risk, reduce costs, improve liquidity and communicate effectively with stakeholders.
Some engagements are short term, requiring a fully staffed team to execute a business plan quickly or stay the course while a company negotiates a sale or merger. Others are long term, requiring one or two professionals with specific skills to oversee change.
We combine extensive telecom industry experience and company-specific financial/operational knowledge with execution expertise to identify value drivers and risks critical to a transaction outcome.
We have been distinguished among financial advisers for assisting clients in the development of business plans and financial forecasts to consummate merger and acquisitions and financing transactions. And potential buyers, sellers and financing sources count on our analyses and valuation estimates in a way few investment bankers can match.
Through our FINRA-regulated investment banking subsidiary, FTI Capital Advisors, LLC, we leverage knowledge of our clients and their markets. Our professionals provide insight and answers that drive value and overcome obstacles to help complete sale, acquisition and capital raise transactions and to provide valuation and fairness opinions.
FTI Consulting has a highly respected track record of assessing operations, developing strategic alternatives and contingency plans, stabilising over-leveraged companies, restructuring debt and equity, selling distressed companies and maximising value to constituents. Representing companies, funds, banks and trade creditors, our teams are active worldwide: North America and Mexico, South America, Europe and the Asia Pacific region. Our experts are certified as trustees and examiners in many jurisdictions around the world.
With our in-depth, telecom-specific operational experience and world-class restructuring expertise, FTI Consulting has led the restructuring league tables quarter after quarter. We have represented one of the major constituents in nearly every significant telecom restructuring since the millennium began.
The Telecommunications industry team within our Strategic Communications practice includes sector experts with experience representing a broad range of organisations and companies in telecommunications throughout the world, from start-ups to multinationals. Our clients benefit from the team’s relationships with key media influencers to provide a suite of integrated communications services, including:
- Corporate and employee communications
- Financial communications
- Public affairs
- Creative engagement
- Strategy consulting and research
- Crisis communications