The Hilltop Companies’ litigation support practice includes providing a number of different services in addition to “expert testimony”. We are engaged by our clients to assist them in preparing for litigation, gathering, analyzing and assessing information that your attorneys request, and providing experienced staff to the effort when your company may not have sufficient resources to do all the work internally. We are also directly engaged by our client’s attorney when appropriate but especially when one of our senior management team members will provide an expert report, testimony or depositions.
Our many roles related to litigation support include the following:
- Providing financial services industry knowledge concerning the industry’s practices,
- Accounting review, advice, interpretation and/or assessing GAAP compliance,
- Analyzing of specific financial statement components subject of the litigation,
- Critiquing financial statement presentation, accounting or valuation of specific assets and liabilities,
- Conducting forensic reconstruction of financial information necessary to support the client’s case, if possible,
- Conducting compliance audits that may support the client’s conclusions and case,
- Assessing the financial statement audit or compliance report conducted by the independent auditor to assess whether the audits were conducted in accordance with Generally Accepted Auditing Standards,
- Identifying any audit processes that were not complete, did not reach the appropriate conclusion, did not meet appropriate quality standards and documentation of the audit process and findings, etc.,
- Analyzing any contract costs that may be litigated as is typical in the real estate construction area,
- Assessing acquisition or sales contracts that may involve breach of representations and warranties, purchase price disputes, or compliance with other contract terms (non-compete, pricing issues, etc.),
- Performing all forms of document reviews – loan files, underwriting files, loan servicing files, collection files, securitization and trust documents, Pooling and Servicing Agreements (PSAs), other performance contracts, etc.,
- Gathering and analyzing the accuracy, completeness and overall quality of the data to be used in the litigation,
- Providing data analytics (“slicing/dicing” the data in different ways to identify trends, unusual activity, etc.) especially for loan portfolios and loan servicing data,
- Determining “key words” for electronic file searches,
- Reviewing electronic files (Word, Excel, PowerPoint, Access and other documents as well as email and other correspondence vehicles),
- Assessing controls over financial information, transaction data, fraud, operations, technology and providing the attorneys with independent assessment reports to support the client litigation if possible,
- Providing lending or loan servicing industry analysis, benchmarks, best practices, etc.,
- Analyzing specific operational aspects subject of the litigation such as assessing the underwriting standards applied to the loans being originated, or determining whether pricing of loans was done without bias, etc.,
- Assisting clients in monitoring any claim settlement,
- Recalculating settlement claims, and
- Monitoring of claim payments as to accuracy of amount and payment timeliness.
Our business does beyond simply providing “expert testimony”. We are accountants and consultants in our various industry segments that have deep experience and knowledge that is often desirable as a resource during litigation, to either our client or their attorney.