Corporate Investigations

EBM Consulting’s Litigation Support division provides services across Asia including surveillance teams, electronic discovery, discreet site visits, test purchases and market surveys to assist in situations such as suspected fraud, breach of trust, breach of contract, and breach of trademark.

 

Our Services Include

  • Surveillance teams
  • Undercover operatives
  • Discreet “test purchases”
  • Asset tracing
  • Missing person tracing (eg shareholder, director, employee)
  • Market survey and research for trademark infringing products
  • Electronic discovery
  • Liaison with law enforcement agencies

Experience

We have investigated, researched & managed hundreds of cases across Asia, including multiple jurisdiction cases, including:

  • Fraudulent employee activity
  • IP infringement investigations
  • Civil litigation support investigations
  • Breach of contract investigations
  • Bogus insurance claim investigations
  • Conflict of interest investigations

Past Projects Include

  • Intellectual property infringement investigations in China of a mobile telephone brand.
  • Internal fraud investigation and prosecution of a European manufacturer’s workforce and factory in China.
  • Investigations for suspected infringement of ‘garden leave’ contract terms of a former employee in Hong Kong.
  • Investigation in Hong Kong for a US liquidator of a former company owner’s suspected undeclared business activities.
  • Intellectual property infringement investigations in China for a European industrial machinery manufacturing brand.
  • Investigations in Singapore for a shipping firm in litigation with a Singaporean shipping firm.
  • Intellectual property investigations and prosecution in Hong Kong for a US fashion brand.
  • Location tracing of a missing company director in China involved in a US litigation case.
  • Litigation support research and investigations in Vietnam regarding an oil industry firm.

Specialist Network

EBM has an international network of specialist resources including surveillance teams, intelligence operatives, investigative journalists, researchers and investigators to draw on. We provide bespoke commercial investigations and on the ground research activities in every jurisdiction in Asia and across 90 countries worldwide.

 

Case Study Example: Active Garden Leave Investigation – Hong Kong

EBM provided litigation support services to a client in a classic case of breach of contract in Hong Kong.

Our Client had employed a well-educated & qualified individual as a senior IT manager in Hong Kong. The manager worked for several years in a relatively sensitive position in the company, being involved with both new product development and also dealing directly with company clients. The manager was therefore party to a wealth of confidential IP information.

Sensibly, to mitigate risk, the manager’s employment contract included provision for garden leave, confidentiality and non-compete in the event of cessation of employment.

The manager resigned from the company and our client suspected the individual was discreetly setting up a rival business using confidential company information and practices, in breach of his employment contract.

EBM undertook discreet research and investigation activities which included the use of surveillance teams, which quickly confirmed the suspicions of our client and assisted the client to take successful civil litigation action to defend their interests.

 

Case Study Example: Missing person tracing in China

Our client, an international law firm, engaged EBM to trace the whereabouts of a company director who was involved in a large commercial litigation case in the US involving a US company which had allegedly been defrauded by a Hong Kong trading company.

The missing subject individual had not been heard of for more than 5 years, no contact details were live, and he was believed to be living somewhere in China.

EBM investigators, using a combination of research and discreet investigations in both Hong Kong and China located the individual within 3 days and delivered his contact details to our client, enabling them to proceed with the case.

 

Case Study Example: Intellectual property rights infringement investigation in Hong Kong

EBM Consulting was engaged by lawyers representing a leading US brand of eyewear which believed its IP rights were being infringed in Hong Kong by the production and sale of counterfeit products.

EBM operatives successfully located and engaged with the alleged counterfeiters in a ‘test purchase’ type operation, covered by an EBM surveillance team. The apparently counterfeit goods were successfully purchased in a ‘test purchase’ operation and the counterfeiters residences were subsequently located.

Chain of evidence was maintained and the issue reported to the relevant law enforcement authorities in Hong Kong with which EBM liaised during the successful prosecution of the counterfeiters by the client.

 

TESTIMONIALS

“Thank you for the follow up. Your tenacity to both the question and to client service is truly admirable. I am very appreciative and recognize that many vendors in our industry would not have bothered further, particularly if their invoice was not being disputed.”

 

“Thank you very much for sending this through so promptly. We have been extremely satisfied with your undertaking of this project and your responses. It has been a pleasure. I do hope to have the opportunity to work with you again soon.”

 

 “The case presented several problems for us, and the investigator.  Lack of information from the client; or, conflicting data in the DDQ; national privacy issues in the country, additional entities associated with the address and principals etc. Consequently, thanks for doing a great job of getting as much information as you could to help clarify a murky situation and for going the extra mile to try to get us the info.”

 

“On behalf of myself and my firm, we wanted to thank you again for your recommendation of EBM Consulting for our investigation in Hong Kong. Both Spencer Elmer and his colleague Mark Burns have been nothing short of excellent and have not only met, but exceeded our expectations. I would without a doubt recommend them to anyone.”

 

 

For further information regarding EBM Consulting’s litigation support services contact us.