Chemical Consulting: Litigation and Expert Witness

Highly credible, authoritative and persuasive expert testimony and analysis can be crucial in achieving a successful dispute resolution.

Built on the IHS Markit reputation for impartiality and our extensive industry intellectual capital, our team has developed extensive experience through providing expert assistance to attorneys involved in legal and litigation matters relating to the chemical, polymer, fiber and allied products industries. With experience ranging from working with engineers, regulators, business executives, to attorneys and other advisors, IHS Markit is equipped to provide guidance throughout the entire discovery and trial processes.

Combined with the data and information in our multi-subscriber databases and reports, we can truly partner with our customers to understand what issues are relevant to the case and how they can be best presented. With our deep industry experience as well as our customized analytical approach for each engagement, IHS Markit can deliver the most persuasive and well-grounded expert report and testimony.

We can help answer:

Who can support as an expert witness in an upcoming lawsuit?
Will my company's interests be preserved in an upcoming dispute?
How do I resolve a dispute successfully?
What is our extent of liability in a specific process?
Can we prove a claim for damages related to a breach of contract?

Our capabilities include:

Expert witness reports and testimony
Litigation strategy and question formulation
Asset/ IP/ business valuation
Contract review and design
Bankruptcy support
Arbitration services
Damages assessment
Negligence determination
Commercial mediation

Qualifications and Experience

This list is not exhaustive and is intended to serve as an introduction to Chemical Consulting’s breadth of services offered:

Project Name	Project Description
Consulting Expert on the Breakup of Two Mega Chemical Company Mergers	Two teams of consultants from IHS Markit focused on providing market, technical and commercial forecasts for two separate clients attempting to avoid the breakup fees of two aborted merger agreements. Consulting expertise included assessments of the major business segments of the acquisition targets, their competitive positions in the market and the current state of their businesses. This work also included locating, preparing and assisting outside industry specialists for coverage of specialty business segments not normally tracked by IHS Markit.
Litigation Support in a $700 Million Arbitration Proceeding	Our client’s rights were challenged with respect to a breach of a “right of first refusal” on chemical assets. A member of IHS Markit staff was retained as the principal expert witness to provide direct testimony, expert witness reports and damage estimates that supported our client’s position in the proceeding.
Cumene Supply Contract Dispute	IHS Markit Consulting was retained by the Claimant in an arbitration arising from a cumene supply contract dispute. Claimant requested the arbitrators to: (1) Determine the appropriate cumene price methodology; and (2) Recover the amounts owed by respondent for its share of the fixed costs of the plant. Respondent in the first arbitration commenced the second action seeking a ruling regarding fixed cost allocations. The work included a detailed analysis and forecasting of prices, US capacity, and end use demand of cumene.
Anti-Trust Claims	This case alleged monopolization of the market for a high-performance fiber in the United States. IHS Markit focused on obtaining sales and market share figures for the fiber in the United States, which were needed to substantiate defendant-third party plaintiff’s allegations. IHS Markit prepared an expert report covering commercial aspects of the case focused on the manufacturing costs of high performance fibers and provided expert witness testimony in court.

Case Studies

Litigation Support in a $700 Million Arbitration Proceeding

Challenge: A client hired Chemical to provide expert witness support for an arbitration proceeding. At issue were our client’s rights with respect to a breach of a right of first refusal on chemical assets.

Solution: We provided direct testimony, expert witness reports and damage estimates to support our client’s position in the arbitration proceeding.

Epichlorohydrin Technology Theft

Challenge: Chemical was retained to quantify a damage claim resulting from a technology theft by an offshore entity.

Solution: We developed and quantified the claim through an analysis of damages that included issues of plant optimization, loss of market share and the value of confidential and proprietary information including trade secrets. Additionally, we identified and retained technology experts, provided deposition testimony, prepared expert reports and assisted in the development of the litigation and deposition strategy.

Bankruptcy and Restructuring Support

Challenge: Chemical was retained by the unsecured creditor’s committee (UCC) of a large petrochemical refining company.

Solution: As part of the engagement, we developed detailed valuation models to forecast the current financial outlook of the business. We also developed a forward outlook of financial performance of the entity from the date of the merger, in support of a fraudulent conveyance claim by the UCC. Our team submitted expert reports and provided oral testimony.

Valuation Assessment of Petrochemical Facility

Challenge: Chemical was retained to perform an independent analysis aimed at assessing the valuation of a petrochemical facility to support litigation relative to property taxes.

Solution: We performed analyses and evaluations based on the three methods of valuation including cost, market value and earnings. We also provided an opinion pertaining to the value of the facility.

Review of Insured Losses

Challenge: A client hired Chemical to assist in the review of insured losses covered under the insured’s policy for advanced loss of profits (ALOP).

Solution: We reviewed the events of a methanol plant’s operations for a specified period of commissioning and testing time and judged the impact of these events on the prevailing market price for methanol in the key markets of Northwest Europe and the US Gulf Coast.

Soda Ash Dispute in South Africa

Challenge: Chemical assisted a law firm with anti-dumping litigation involving soda ash in South Africa.

Solution: We advised the law firm in an ongoing investigation relating to anti-competition of soda ash sales in that market by major exporters. The matter had been under investigation for over ten years. We provided independent expert advice and participated in the tribunal hearings.

Customer Stories

Alberta's Industrial Heartland Association Uncovers Strengths and Attracts Unprecedented Interest from Global Investors

Dedicated to promoting sustainable development of Canada’s largest hydrocarbon processing region, this leading association gained objective, third party expertise/credibility for investor research that identified Alberta's 4 most competitive chemical products -- and brought 11 companies to Alberta for tours and discussions .

Learn more about our client’s successes

Anadarko Advances Liquid Natural Gas Commercialization Opportunity in Mozambique with Third-Party Study

One of the world's largest independent energy exploration/production companies responded to a request from the Government of Mozambique by sponsoring a third-party study of requirements for developing trillions of cubic feet of natural gas as well as the value of related mega-projects for the local economy and people. The study was completed in only 30 days.

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National Oil Company Develops Informed Strategies for Growing Chemical Business in Changing Global Market

This national oil company wanted to give investors confidence so they developed a two-pronged strategy to grow its core oil business and set the stage for launching a new chemical business, while staying abreast of market changes and avoiding up to $4 billion in potential costs/risk to its reputation.

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IFI Advisory uses reliable risk assessments to sustain highly competitive position in the international marketplace

IFI Advisory is a global leader in risk management consulting and supports companies in their development projects. In this brief video, IFI Advisory CEO Romolo Pacifico explains why he trusts Jane’s by IHS Markit to provide accurate and up-to-date information, and what Jane’s means to his business.

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