Fiscal Year 2003

Note: Extensive issue research is conducted as a first step for all assignments.

• International Arbitration – Australia – An American company was being sued in Australia for $584m for misrepresentation in violation of the Trade Practice Act. A former employee serving as the expert witness for cost defects underwent CCA’s witness development.
• FDA Label Negotiations – The developer of a new antibiotic put CCA to work in team preparation for FDA drug label negotiations. The work included: development of negotiating strategies, question and answer methodologies, and mock label meetings. The drug is now marketed in the US.
• Precursors to Crisis – CCA discovered operational issues which were precursors to potential crises while researching for a major oil pipeline project. Our team provided strategic counsel to aid the CEO in pre-empting both operational and business crises.
• Major Fuel Reconciliation Case – A team of utility witnesses faced a perplexing fuel reconciliation case covering a 5-year recovery period with $150m at stake. Their lawyers hired CCA to prepare witnesses for grinding cross-examination.
• Hypertension Treatment Approved – A team of heart experts faced a double challenge: the last stages of FDA approval and the physicians who knew the drug research data best had left the company. New experts used CCA’s Issue Resolution Process and Q&A Models to ensure success.
• Top-Ranked Pharmaceutical – One of the largest US pharmaceutical companies, nearing the last stage of drug approval, worked with the CCA team to identify remaining FDA concerns, formulate strategy, and prepare for intense questioning. Indication: prevention of heart failure.
• International Arbitration – Venezuela – During construction of a gas facility in Venezuela, the government delayed the project by not providing test material and demanding substantial design changes. A US expert witness was prepared by CCA.
• Communicating National Lab Issues – In intense communication clinics CCA prepared DOE contractors to answer probing questions from citizen watchdog organizations, legislators, the media, and business interests.
• Delay Claims – Construction on a series of similar manufacturing plants hit major cost overruns. The constructor sued to recover $154m in damages. CCA worked with the plaintiff’s expert witness. At issue: Force Majeure events and owner’s constant design changes.
• Managing Controversy – Activists were battling a national government lab over whether to excavate and remove radioactive waste or leave it buried. CCA provided key managers with a skill set to handle contentious public meetings.
• Fine-Tuning Pre-Filed Testimony – Our team worked with a multi-jurisdictional energy company and its legal team in preparing for a hotly contested case. The client utilized CCA’s witness development labs, strategic counsel, and issue resolution to strengthen draft pre-filed testimony.
• Allegations of Fraud – In the new post-Enron environment, an accounting firm found itself in a high-profile lawsuit alleging overstatement of a client’s assets. CCA prepared management for questions from the media and clients.
• Hepatitis C Drug Receives FDA Approval – The sponsor’s performance at FDA’s advisory committee was nearly flawless; the committee’s vote to approve was unanimous.
• Witness Preparation System – A water and power company frequently found itself in front of state regulators in transmission line siting cases. They called on CCA to provide a system to evaluate the strength of cases before filing with the state.
• Briefing a Challenging CEO – Quarterly project briefings with this tough CEO were brutal. He asked challenging questions, and worthwhile projects died for lack of a good defense. CCA’s mission: teach the team to defend their arguments.
• Synchronized Cases – A major energy company covering seven jurisdictions asked CCA to create a special development program for witnesses involved in multiple, concurrent cases. Critical issues: Benefit of Merger, Rising Cost Structure, Deferred Taxes, and Cost Allocations.
• Corporate Leadership – An executive team had undergone corporate renewal for years with mixed results. CCA was asked to provide a common set of high-risk communication and leadership skills. An intensive lab and realistic scenario brought them face to face with reality.
• Witness Evaluation – Struggling with the English language, a Romanian expert was asked to testify in a very complex case. CCA was asked to evaluate the witness’ skill for cross-examination.
• EPA Lawsuit – In its effort to increase enforcement of the Clean Air Act, EPA began suing utilities for New Source Review (NSR) air quality violations. CCA worked with utility witnesses to defend past and present operations and management decisions.
• European Health Authorities – CCA helped the developer of a novel treatment for diabetes prepare briefing documents, presentations, and answers to questions for interactions with a European health authority.
• Anti-Terrorism Research – A senior executive for one of this nation’s most respected research organizations specializing in anti-terrorism worked with CCA to enhance crisis, media, and customer communication.
• Battle of Experts – When a contract was terminated six months after a project was scheduled to be completed, claims and counterclaims were filed. In a battle of expert reports, CCA readied a third party expert to give testimony on the conflicting reports.
• Due Diligence Briefings – A Japanese pharmaceutical seeking marketing partners faced a series of due diligence meetings. The company utilized CCA’s process to develop strong clinical and commercial arguments.
• Crisis Readiness – Our team prepared key oil industry managers to manage crises and communicate under pressure with the public, regulators, media, corporate owners, and employees.
• Winning Funding – A medical device R&D team facing a tough corporate funding committee utilized CCA to help build powerful arguments and provide a process for answering probing questions.
• Suit/Countersuit – In a claim and counterclaim suit, the builder and the owner of a power plant each sought damages from the other. The expert witness for the owner was prepared for cross-examination and depositions by CCA’s team.

Note: In 2002-2003 our officers and consultants were invited to speak at various trade organizations, professional associations, and corporate retreats.