Risk Management Expert Witnesses
Risk management disputes in commercial litigation typically arise when a company, board, or financial institution is alleged to have failed to identify, assess, or control a foreseeable risk, leading to a loss that shareholders, regulators, or counterparties contend could have been avoided. These disputes surface in breach of fiduciary duty and director and officer litigation over whether a board's risk oversight function met applicable governance standards, in financial services litigation over whether a firm's risk management framework and internal controls met regulatory and industry expectations, and in insurance and enterprise risk disputes over whether a company's risk identification and mitigation practices were reasonable given the risks it faced. Because risk management involves judgment calls about which risks warrant particular controls and how much risk is reasonable to accept, reasonable risk professionals applying accepted frameworks to the same facts can reach different conclusions. The central issue is typically whether the risk management framework and controls at issue were reasonable and consistent with industry and regulatory standards given the risks the organization faced.
A risk management expert helps attorneys evaluate that question by applying accepted risk management frameworks and industry standards to the governance, financial, or operational risk at issue. That might mean assessing whether a board's risk oversight process and reporting structure met governance standards in a fiduciary duty case, evaluating whether a financial institution's risk controls and compliance framework met regulatory expectations, or analyzing whether a company's enterprise risk management practices reasonably addressed the risks that ultimately caused a loss. These findings support positions on breach of fiduciary duty, regulatory compliance, and damages, giving attorneys an industry-grounded basis for litigation strategy.
Risk management cases benefit from experts whose specific background, whether corporate governance and D&O risk, financial services risk management, or enterprise and operational risk, matches the precise question at issue rather than risk management in general terms. Round Table Group's risk management network includes professionals from insurance, investments, derivatives, and financial services, several of whom have direct experience serving as chief risk officers and compliance executives. With more than 75,000 expert searches completed for litigators, we help attorneys match a case's specific risk management issue to an expert whose credentials will withstand scrutiny. Let us help you find the right risk management expert for your case by calling us at (202) 908-4500.