Etienne Cayer consults on matters related to investments, trading and hedging strategies, corporate governance, and alleged market manipulation. Using financial, economic, and statistical analysis techniques, Mr. Cayer addresses liability, loss causation, damages, and valuation issues, notably those involving FinTech, bankruptcy proceedings, and breach of contract claims.
Mr. Cayer’s work spans various venues, including U.S. federal and state courts, the Delaware Court of Chancery, arbitration associations, and regulatory bodies. He provides client and expert support through all phases of commercial litigation and regulatory investigations.
Mr. Cayer’s experience includes:
Investments
- Analyzing portfolio design by an automated investment advisor (i.e., robo-advisor) to address Securities and Exchange Commission (SEC) allegations of misleading disclosures
- Assessing the performance of advisory accounts relative to various benchmarks for a large asset management company
- Evaluating portfolio allocations to address claims of cherry-picking
- Evaluating class certification and damages issues in matters connected to brokerage cash sweep accounts
- Assessing the effectiveness of risk management efforts and the evolution of risk management practices at a hedge fund
Market manipulation claims, trading conduct, and market microstructure
- Addressing alleged market manipulation and collusive conduct in foreign exchange (FX) markets in the class certification, liability, and damages contexts
- Analyzing alleged collusive conduct and purported damages in markets for certain municipal securities
- Analyzing trading patterns by investors that petitioned for appraisal after a take-private transaction
Corporate governance
- Investigating hedge fund customs and practices for separation agreements, including noncompete provisions
- Assessing customs and practices regarding insider trading policies of public companies
Other litigation
- Performing loss causation and materiality analyses to support expert testimony in numerous cases related to residential mortgage-backed securities (RMBS) and synthetic collateralized debt obligations (CDOs)
- Supporting experts in antitrust analyses, including in matters related to market definition and market power