Banks and financial services companies face a complex litigation landscape. Regulatory agencies, along with both federal and state prosecutors, pursue recovery on a variety of allegations ranging from regulatory enforcement to false claims actions. Consumer class action litigation continues to rise as plaintiffs’ attorneys press to find the limits of regulatory recovery. And, finally, other financial institutions seek recovery under complex agreements covering everything from debt securitization to asset management.
Treliant offers access to testifying experts and a stable of subject-matter specialists in support, working together with former attorneys who understand the litigation process. Our team is able to provide law firms with the context necessary to fully understand factual issues, and partner with law firms to plan for the presentation of evidence both at the negotiating table and in the courtroom.
Our teams are trial tested, having been retained to work with financial services companies, and the law firms which represent them, on some of the largest banking litigation to proceed to trial in recent years.
Typically, our clients are responding to threatened or actual government investigations, commercial claims, or lawsuits. We are able to mobilize quickly, provide seasoned experts and support teams, and successfully manage large, complex projects.
Treliant's Litigation Support Advisory Services include:
Expert Witness Services
- Provide expert witnesses regarding mortgage securitization issues, debt default causation analysis, allegations of market miscalculation, and a variety of consumer compliance and industry practices
- Receive, organize, and analyze large volumes of client data aimed at informing the opinions of a testifying expert
- Prepare mediation statements, expert reports, and demonstrative exhibits to fully and graphically demonstrate the results of analysis
- Support experts with teams, previously ranging from a handful of specialists to more than 120 trained team members, from initial conduct through trial testimony
Government Investigation, Whistleblower Response, and Litigation Analysis
- Evaluate data and documents to estimate risk of liability finding and estimate ranges of damages under multiple contingencies
- Provide experts on a variety of issues, including mortgage lending, mortgage servicing, and market manipulation
- Prepare remediation plans for presentation to regulator or counter-party, in advance of findings when possible, that are supported by data without creating additional risk through misstatement or overstatement
Post-Enforcement or Post-Judgment Support
- Serve as the monitor, an independent review group, or support team for a receiver to ensure compliance with consent orders, settlement terms, or post-judgment remedial efforts
Conduct testing related to lending products, consumer compliance practices, and market conduct, using bespoke protocols to demonstrate compliance with settlement or court order
- Interact with agencies, independently or through counsel, while ensuring the highest standards of independence and conflict-avoidance