T.A. Myers & Co.

Forensic Research | Litigation Support | Consulting

T.A. Myers & Co. is Changing Forensic Services

T.A. Myers & Co., a worldrenowned firm of Certified
Public Accountants and scholars, has been providing
sophisticated forensic services including financial,
regulatory and accounting research since 1980. Now, T.A.
Myers & Co. is changing the way that forensic services
are utilized in the dispute resolution context providing
law firms with enhanced oversight, a superior product,
and a lucrative, new revenue stream.

to the client for reimbursement.

Delegating critical research to the testifying expert can be
unnecessarily expensive and, in some instances, inimical
to the client's interests. The expert and its team may
undertake
needless,
redundant,
or
even
counterproductive research that is both costly and,
occasionally, unfavorable to the client's argument. The
engaging law firm has, at best, only indirect control over
these variables. And of course, the research and analysis
undertaken by the independent testifying expert are
subject to discovery pursuant to the Federal Rules of Civil
Procedure 26.

Traditionally, law firms outsourced significant forensic

research and analysis to outside investigative third
parties, frequently the expert firm that was retained for
testimony at trial. The expense of the testifying experts
research and analysis was then passed on by the attorney

The T.A. Myers & Co. Solution

T.A. Myers & Co. is now offering its worldclass forensic
services on a subcontract basis. We work for you, the
law firm, to provide sophisticated litigation support and
financial due diligence analysis as a "consultant, non
testifying expert" at substantially discounted rates. In this
type of assignment, we render services at your direction
and do not contemplate providing expert testimony at
either deposition or trial. We conduct research and
analysis with an eye toward buttressing your legal
theories, and generating information that will advocate
and support your clients position. We bill for our
subcontracted professional services at a wholesale rate
that your firm can mark up to industrystandard rates.

own report and testimony. There is wide latitude under

the Federal Rules of Civil Procedure dealing with trial
preparation protection for draft reports and/or
disclosures of testifying experts. Pursuant to Rules
26(b)(4)(B) and (C) such drafts are protected, as well as
relevant communications, regardless of their form. Of
course, to the extent that the testifying expert relies on
T.A. Myers & Co. research and analysis, the expert must
be prepared to defend such reliance and will be subject
to opposing counsel's attack.
In summary, T.A. Myers & Co. nontestifying, litigation
support consulting services can facilitate optimal law firm
client service by:
I. Providing stateoftheart, industryspecific research
and analysis to buttress case specific theories based
on the particular facts and circumstances;
II. Assisting with development and articulation of case
pleadings;
III. Facilitating client advocacy in settlement
negotiations;
IV. Researching rebuttal of opposing party arguments
and expert opinions;
V. Developing theories and specific avenues of
testimony for handoff to your testifying expert; and
by
VI. Augmenting law firm revenues through the markup
of T.A. Myers & Co. subcontracted wholesale
services while, at the same time, reducing overall
cost to the client and optimizing the articulation of
client positions.

As an advocate for your clients position, our work

product is not subject to discovery. According to the
federal rules of civil procedure, Rule 26(b)(4)(D) Expert
Employed Only for Trial Preparation:
Ordinarily, a party may not, by interrogatories or
deposition, discover facts known or opinions held by
an expert who has been retained or specially
employed by another party in anticipation of
litigation or to prepare for trial and who is not
expected to be called as a witness at trial. [Emphasis
added].
Work product provided by T.A. Myers & Co. as a
"consulting" expert can be passed on, in whole or in part,
at your discretion, to the testifying expert. If our
research and analysis comports with the testifying
experts standards of inquiry, the testifying expert can
subsume and incorporate the product into the experts
3

Who is T.A. Myers & Co.?

T.A. Myers & Co. is a nationally recognized firm of
Certified Public Accountants, leading scholars and other
professionals who specialize in providing sophisticated
forensic services including financial, regulatory and
accounting research and analysis regarding numerous
aspects of dispute resolution. Since 1980, T.A. Myers &
Co. has provided cuttingedge investigation and litigation
support in complex business matters involving
commercial banking, investment banking, securities,
intellectual property, commercial real estate, complex
commercial fraud, bankruptcy, antitrust, transactional,
securitization issues including credit enhancement and
subordination, credit default swap credit events, the role
of the credit rating agencies, CDO valuation, credit
analysis, modeling of the cash flow waterfall, and other
highprofile disputes.

services in actions involving many banking and financial

giants including, among others, AIG, Ambac, Bank of
America, Bear Stearns, Citigroup, Countrywide, HSBC, JP
Morgan Chase, KeyCorp, MBIA, McGrawHill, Merrill
Lynch, Moody's, Standard & Poor's, Royal Bank of
Canada, Royal Bank of Scotland, UBS, Wachovia, Enron,
Bank of China, and Bernie Madoff.
T.A. Myers & Co. has also provided forensic training for
numerous financial institutions, government regulators,
law enforcement agencies, law firms, trade groups, and
other business entities, including the Federal Bureau of
Investigation, the United States Secret Service, the United
States Department of Justice, the United States Attorney
Generals Office, the Federal Reserve, the Advanced
White Collar Crime School (presented by the Federal
Financial Institutions
Examination
Council
for
representatives of the OCC, OTS, FDIC, and NCUA), and
the American Bankers Association.

T.A. Myers & Co. is sought after for its forensic

investigation acumen by prominent national law firms to
review complex pleadings and complaints in connection
with disputes among many of the largest banking and
capital markets players in the world. During the last
decade, we have consulted in numerous high profile
situations involving reverse mergers, international money
laundering, structured finance and securitization matters,
complex loan origination and servicing, and derivative
claims by shareholders. We have conducted
investigations regarding individual and corporate
responsibility for allegations of securities fraud,
accounting, tax and regulatory violations. T.A. Myers &
Co. has provided expert witness or litigation consultation

In 2009, the Board of Governors of the Federal Reserve

engaged T.A. Myers & Co. to develop and chair a week
long symposium of national experts in Washington, D.C.
for highlevel representatives of each of the major federal
banking regulatory agencies and other capital markets
specialists, to discuss issues relating to the recent
financial crisis, including structured finance products,
valuation and rating of securities, investment banking
underwriting standards, and regulatory and accounting
treatment of loss reserves, among others.

Contact Us

Pleasecontactusat:
5400WardRoad
Bldg.3,Suite150
Arvada,CO80002

Tel: (303) 4831375

Fax:(303) 4039100
Email:info@tamyers.com