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> General Consulting
> What We Do
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AEP's litigation consulting work is
designed to be flexible and to meet the needs of each individual case
and client. These services cover all phases of litigation and include
the following:
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Identification
of Economic Issues and Strategies
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Often, AEP will
be engaged at the early stages of a dispute to provide analysis of the
economic issues involved and to assist in the formulation of sound strategies
from the perspective of the expert economist. We also identify areas
requiring expert testimony, assist in identifying appropriate experts
for the litigation, prepare an initial assessment of damages in the
case, and provide advice regarding initial pre-trial discovery relating
to all economic issues. The result of this initial analysis varies from
informal discussions and meetings to the preparation of a formal "white
paper" analysis of the case. This early involvement can be crucial
to the success of the litigation because even the most experienced trial
lawyers can overlook critical economic facts, claims, or strategies.
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Data
Collection and Survey Design
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As
the litigation progresses, AEP conducts its own review and evaluation
of the evidence relevant to the economic issues, including documents,
data, and depositions. Depending on the case and the issues involved,
AEP obtains data from independent sources. In these cases, AEP will design
and supervise a variety of data-gathering procedures, from informal interviews
to formal surveys. AEP's staff has extensive experience in the use of
surveys to support expert testimony. AEP works with survey-design firms
to plan and implement surveys. AEP then prepares the economist to testify
about the survey or, in many cases, works with the survey expert to ensure
that the testimony of the two experts is complementary. |
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Data
Analysis
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Once
the data are gathered, AEP analyzes the data using a variety of statistical
methods. AEP only uses state-of-the-art statistical, econometric, database,
and graphical software. Where appropriate, sampling techniques are employed.
Superior data analysis, however, requires more than just the use of advanced
software techniques. What sets AEP apart is the intelligence, experience,
and strict attention to detail of its staff. The result is an analytical
product that is insightful, accurate, and more than capable of withstanding
the rigors of even the most skilled cross-examination. |
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Thorough
and Independent Analysis of Economically Relevant Facts and Evidence
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AEP's
own review of the facts and evidence is extremely important because it
ensures that AEP and its experts have a thorough understanding of the
facts, and that the opinions offered are independent and unbiased. Further,
AEP's independent review often uncovers facts and data either unknown
to the client or counsel or whose significance was unknown or not fully
understood. This process has repeatedly proven invaluable for clients,
attorneys, and the success of the litigation. |
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Complete
Support for Expert Witnesses
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In
addition to obtaining and analyzing documents, depositions, and data,
AEP works with its experts to draft reports and submissions, and assists
in preparing the experts for depositions. AEP's staff works to ensure
that all submissions are complete, accurate, well written, insightful,
fully documented and supported, and timely. Further, AEP provides unparalleled
support for its experts before and during their deposition testimony.
AEP is aware that the deposition testimony of an expert is one of the
most crucial stages of the litigation. AEP works to anticipate likely
areas of examination and prepares its experts for these contingencies.
As they begin their deposition, AEP's experts are fully informed and armed
with a complete set of facts and data supporting each opinion. During
the deposition, AEP is on call to address any issue that may arise. |
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Insightful
Critiques of the Work of Opposing Experts
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AEP
prides itself on its ability to deliver criticisms of the work of opposing
experts that are often devastating and serve to undermine the opinions
the expert has reached. AEP's staff uses a variety of techniques, including
attempts to replicate the results of the opposing analysis, to find errors
in documentation, support, calculations, logic, and theory. The results
of this detailed analysis are communicated to counsel and may be used
in reply expert reports, depositions of opposing experts, or at trial.
Further, AEP prepares a list of topics and questions for counsel to use
in deposing experts, and often is asked to attend depositions to provide
real-time analysis and follow-up questions. |
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Trial
Preparation
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AEP
has had extensive experience in preparing an economics expert for trial.
Most cases that AEP has been involved in have resolved before trial, but
when a dispute does proceed to trial, AEP assists with many aspects of
trial preparation. This includes drafting the direct examination, developing
and preparing all demonstrative aids and exhibits for the expert, and
preparing the expert for cross-examination. Often, AEP conducts mock direct
and cross-examinations (both separate and in conjunction with counsel)
to ensure that the trial presentation is polished and flows logically
to powerful and understandable conclusions. AEP assists in the cross-examination
of opposing experts, from examining, analyzing, and attacking the trial
exhibits of the experts to preparing potential questions and areas of
cross-examination. AEP keeps abreast of the rest of the trial through
reading daily transcripts, may attend the testimony of relevant experts,
and is on call at all times to provide any additional analysis or consulting
that may be needed. |
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