Expert Witnesses for Law Firms and Legal Advisors Providing Convenient and Cost-Effective Access to Senior Industry Experts Patrick Madden, Engagement Manager Tel (614) 829- 3580 Patrick.Madden@Evalueserve.com 2008 Evalueserve Circle of Experts © 2008 Privileged and Confidential Evalueserve – Knowledge Process Outsourcing Leader Evalueserve is the oldest and largest Knowledge Process Outsourcing (KPO) company that provides custom research services to leading-edge companies in the US and worldwide. Evalueserve has six synergistic competencies—Investment Research, Business Research, Intellectual Property and Legal Support Services, Data and Financial Analytics, Market Research, and Circle of Experts. Our full-time in-house team is comprised of over 2,400 highly skilled research professionals including MBAs, Engineers, MDs, Lawyers, Chartered Accountants, Scientists, Architects, etc. Evalueserve Circle of Experts is your Global Knowledge Partner Evalueserve Value Proposition Quality Global Coverage → Attention to detail in every element of client interaction → Disciplined project management and communication → Accurate and insightful analysis → Extensive research infrastructure → Operation centers in India, China, and Chile → Multi-lingual capabilities (60+) → Research conducted in the Americas, Asia Pacific, and EMEA → Local ‘in-country’ support → 24x5 coverage © 2008 Privileged and Confidential Custom/Cost-Effective → → → → Fraction of traditional cost 100% customized projects Access to experts in your field Multi-industry experience (10,000+ completed projects) → Highly scalable/rapid response → Flexible working relationship 2 Seven Distinct Synergistic Competencies Circle of Experts Market Research Fast access to frontline industry experts with unique opinions on markets, companies, products; 360° view of market due diligence on long-term investments ‘Executive confidante’ for one-on-one discussions on strategic issues Elicitation training on most effective and compliant methods to interview experts End-to-end market research services B2B and B2C surveys (design, execution and analysis) Data processing Survey analytics Market research solutions: employee satisfaction, customer satisfaction, brand perception, new product development, advertisement effectiveness Data and Financial Analytics Intellectual Property and Legal Support Data cleansing, validation, and treatment Dashboard solutions and reporting Statistical modeling and forecasting Data-driven strategies including profitability analysis, channel assessment, product affinity analysis/cross selling Segmentation and cluster analysis IP Licensing Support Prior Art Searches Competitive Landscape Analysis Litigation Support (Civil & IP) Document review, summary & analysis Contract administration Technical writing Investment Research Business Research Validation of investment ideas Corporate finance Equity research support Industry landscape and company profiles Fixed income research Target identification Quantitative Analysis Financial modeling and valuation Knowledge Technology Website Development Customized training management solutions Application Development Business intelligence portals Project management Market sizing and estimation Industry and company profiling Benchmarking Value chain analysis Newsletters Custom list generation Marketing and sales operations support Slide 3 © Evalueserve, 2008. All Rights Reserved - Privileged and Confidential Evalueserve Executive Leadership Alok Aggarwal → → → → Chairman PhD, Johns Hopkins in EECS BTech (Electrical), IIT Delhi Ex-Director of IBM Research Division (16 Years, US/India) Marc Vollenweider → CEO → MBA, INSEAD → Masters in Telecommunications Engineering, ETH Zurich → Ex-Partner at McKinsey Robert Daigle → VP Marketing and Sales → IBM Marketing and Sales Executive → Managed Worldwide B2B Sales Group → Managed Worldwide Supply Chain Sales Group Nand Gangwani → CFO → MBA, Bentley College in Boston → BTech, IIT Delhi → Ex-CFO of Napster and Roxio; Ex-VP Corporate and Business Development at Evolve Inc. Ashish Gupta → COO and Country Head, India → MBA, Carnegie Mellon → BTech (Mechanical), IIT Delhi → Ex-Engagement Manager, McKinsey & Co. Circle of Experts Offers an “expert” solution Services Spectrum For Corporations For Law Firms Expert witness testimony from fresh, senior and knowledgeable business leaders Opinion on uniqueness of IP & competitive response by an expert in the field ‘Executive confidante’ for 1-on-1 discussions on strategic issues Product/Operations/Financial insights via Q&A/analyses from 1 hour to several days Enhance market research or business research with industry expert insights For Institutional Investors For Small to Medium Businesses Fast access to industry experts with unique opinions on markets, companies products Build an advisory board with full range of relevant talent, available when needed Enhance channel-check surveys with insights from experts in the field 360° view of market due diligence on longterm investments Phone consultations, in-person sessions or surveys Elicitation training on most effective, compliant methods to interview experts Relationship-building dinners with market trend experts, your clients, and staff Incorporate expertise in any Evalueserve project © 2008 Privileged and Confidential For All Clients 5 Challenges in Acquiring and Using Expert Witnesses Feedback from Circle of Experts clients about traditional methods to acquire expert witnesses Limited Sources: “I rely on my and my partners’ lists to identify expert witnesses, but the same names come up every year.” Seniority: “Other expert witness services focus more on economists, consultants, and accountants than senior executives.” Too Much History: “The expert witnesses that are listed have been part of so many cases that they carry baggage, which affects their credibility.” Cost: “‘Professional’ expert witnesses heavily mark up their fees and that of their staff.” Effort: “I can assign my staff to research and call experts, but if there is a no-obligation way to have screening taken care of, then I would use a service.” © 2008 Privileged and Confidential 6 Circle of Experts Advantage Focus on Senior Industry Practitioners We sharpen your analysis by providing very senior industry practitioners with extremely specific domain knowledge and awareness of the latest market trends. Unique Insights Sample Expert Witnesses Requests “Is a particular patent for measurement instrumentation at the tip of an oil well drill novel or prior art?” Senior-level and Corporate Alumni Perspective Latest Industry Trends Your Highly Specific Expertise “How much of $10m in video game devices should have been written off a distributor’s books as obsolete?” “What portion of a conglomerate’s stock price decline can be attributed to restatement of supply chain costs?” “Were employment candidate screening questionnaires biased by design or through their corporate implementation?” Knowledge Base © 2008 Privileged and Confidential 7 Circle of Experts Advantage Plaintiff Law Suit Case Study (1/2) Employee Termination/Discrimination The litigation concerns an individual who was injured as the result of a design defect in a (rack) storage system - specifically known as a 'deep reach commercial rack' system The individual was rendered paralyzed when a forklift operator attempted to place a load on the rack and it fell off the other side on to the plaintiff Law firm defending the employer/rack company Requirement: Expert’s work required a site visit, document review, developing a report, and testimony in court © 2008 Privileged and Confidential 8 Circle of Experts Advantage Plaintiff Law Suit Case Study (2/2) Expert provided: This expert has more than 22 years of experience in the industry and has expertise in directing the design, manufacturing, marketing, and distribution of a broad spectrum of internationally recognized fall protection and other safety systems and equipment for the construction industry. This gentleman has worked as the President and CEO with The SINCO Group, Inc., where he was responsible for developing an industrial and material handling division which developed, engineered, manufactured and sold products and services to industrial and material handling customers for their plant and warehousing facilities. He worked with many industrial rack and conveyor manufacturers in industrial plants and warehouses throughout the United States and Canada. This expert was a member of many industry and governmental advisory committees addressing safety standards and regulations. He was involved in several speaking engagements such national organizations as The National Safety Council, The American Society of Safety Engineers, The Ironworkers Contractors Insurance Program, and The Governors’ Pacific Rim Safety and Health Conference. This gentleman was short-listed as a nominee to be Assistant Secretary of Labor for OSHA in 2001. Case is currently under trial © 2008 Privileged and Confidential 9 Circle of Experts Advantage Case Studies Employee Termination/Discrimination Executive suing former employer alleges age discrimination during layoff at a tableware company Employer claimed extraordinary economic circumstances were the cause Circle of Experts provided two experts: Recently retired CEO of competitor testified re: economic conditions Another former employee served as fact witness re: corporate culture CEO's testimony was particularly influential in winning the case Executive Compensation/Shareholder Responsibility Testimony needed re: competitive compensation in cosmetics industry, and roles of board/CEO in setting executive packages Readily available executives in NYC area were reluctant to testify against nearby competitors Circle of Experts provided ex-CEO from California Experienced establishing independent boards and setting incentives for product launch Trial has been scheduled © 2008 Privileged and Confidential 10 Fresh Sources of Expertise Experts from a Range of Industries Circle of Experts network includes experts across all the major business sectors. Automotive & Transportation Chemicals Computers % of Circle of Experts by Industry Defense & Aerospace Diversified Services Consumer Goods Energy & Utilities Financial Services Food & Beverage Healthcare Leisure Manufacturing Materials & Construction Media Metals & Mining Real Estate Retail Telecommunications 0% 2% © 2008 Privileged and Confidential 4% 6% 8% 10% 12% 11 Cost-Effective Services Circle of Experts expertise is cost effective and convenient to approach as you need to pay only for the time of consultation without maintaining any overhead costs. Experts who are industry practitioners carry no overhead cost of junior support staff or marketing/sales expenses. Experts understand that Circle of Experts and our clients evaluate them on a combination of relevance and cost, and therefore, supply competitive rates. Pricing model = hourly or half-day rate for expert + any other expenses The client is under no obligation and pays nothing till experts are confirmed for use. © 2008 Privileged and Confidential 12 Convenient Process with High-Touch Service If requested, we would refine criteria and provide more experts Client works with Circle of Experts to draft research specification Circle of Experts scans registered experts, affiliate and social networks, online information Circle of Experts interviews leading expert candidates for specific knowledge & availability Client reviews credentials of recommended experts and interviews them Client holds discussions with selected experts, coordinated by Circle of Experts Circle of Experts manages expert contract and payment © 2008 Privileged and Confidential 13 Compliance and Confidentiality Management System Compliance Monitoring Procedural Controls Specialized lawyers monitor evolving Background checks on experts Client identity not revealed to experts until client chooses to schedule a discussion Complimentary client training on elicitation (interview) practices Circle of Experts staff do not participate in discussions Compliance Officer, Compliance Manual for staff training and regular audits Ethical Research Guidelines signed by all employees Compliance & Confidentiality regulations and best practices worldwide Scope includes securities law/investment research, corporate disclosures, international payments, ethical market research practices, data privacy & confidentiality, permission-based marketing to experts Interpretation of the implication of such regulations, etc Translating such interpretations into policies and procedures applicable to Circle of Experts staff, clients and experts Email reminders to experts re: compliance requirements before each consultation Online tracking of Corporate Policies with regard to outside consultation by employee of that corporate entity Audit trails of Circle of Experts research activities (but not discussion content) Secure storage of information Experts sign and renew agreements re: fair Technology Legal Measures © 2008 Privileged and Confidential disclosure, insider information, non-compete before any consultation Discussions remain private by default Clients sign agreements reiterating appropriate interactions Client-Specific Compliance Guidelines 14 Evalueserve Circle of Experts Thank You… for considering us as your Global Knowledge Partner Patrick Madden, Engagement Manager Tel (614) 829- 3580 Patrick.Madden@Evalueserve.com © 2008 Privileged and Confidential