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Many of our engagements involve disputes of one type or another. These disputes often fall into three categories: breach of contract, torts, and taxation. Accordingly, we are recognized for our thought leadership in forensic analysis services.
Our forensic analysts provide both consulting expert services and testifying expert services. Our forensic analysts have provided expert testimony in federal and state courts, international courts, arbitration hearings (both international and domestic), and other venues.
This expert testimony generally involves either business, security, or intangible asset valuation opinions or lost profits and other economic damages opinions.
We serve tax counsel.
We perform valuations of close corporations,
fractional business interests, restricted
public securities, and intellectual property for
gift tax, estate tax, and income tax
purposes. We value tangible property and
intangible property for intercompany transfer
price
purposes. And, we value special purpose and
income-producing property for state and local
ad valorem property tax purposes.
Tax disputes related to the reasonableness of shareholder/executive compensation may affect both C corporations and S corporations. And, such disputes may also involve not-for-profit entity private inurement allegations. We use all generally accepted reasonableness of executive compensation analyses (including the independent investor test) to document a range of reasonable shareholder/executive compensation.
We serve commercial
litigation counsel.
Our forensic analysts quantify lost profits and
other economic damages related to either
a breach of contract or a tort. Our forensic
analysts have testified in federal, state,
and international courts with respect to
antitrust, shareholder disputes, breach of
contract, eminent domain and condemnation,
interference with business opportunity,
securities fraud, lender liability, and other
commercial litigation matters.
We serve bankruptcy
counsel.
We perform valuations of the secured creditors'
collateral interests in debtor assets;
we analyze the price and structure of Section 363
property sales; we opine on the
fairness of debtor-in-possession (DIP) financing
transactions and other DIP
proposed transactions; and we
quantify income tax attributes (e.g., net
operating loss carryforwards) that are based on
the value of the debtor. We perform solvency and
insolvency analyses. We review the
reasonableness of proposed plans of
reorganization. And, we perform fresh-start
accounting valuations for debtors emerging from
bankruptcy protection.
We serve intellectual
property counsel.
We conclude the fair value, license royalty rate,
ALP intercompany transfer price,
economic damages, or remaining useful life of
patents, copyrights, trademarks, and trade
secrets. We analyze intellectual property values,
damages, and royalty rates for
infringement and other tort claims and for breach
of contract, joint venture, development
agreement, license, franchise, or other types of
agreements.
We serve securities law
counsel.
We perform forensic analyses related to claims of
breach of corporate noncompetition or
nondisclosure agreements, antitrust, fraud and
misrepresentation against the market,
acquisition earn-out disputes, accounting fraud
and misrepresentation, failure to
disclose, dissenting shareholder appraisal rights,
shareholder oppression, dissipation of
corporate assets, officers and directors breach of
fiduciary duty, and other reasons. We
calculate lost profits, cost to restore, or other
economic damages measurements.
We serve family law
counsel.
We value the business assets of the marital
estate, including closely held business
interests, restricted public stock, stock options
and warrants, professional practices,
and professional licenses and other intangible
assets. We perform forensic accounting
analysis related to tracing hidden assets. And, we
perform owner/employee reasonableness
of compensation analyses related to business value
normalization adjustments and to
reasonableness of spousal support.
We serve ERISA legal
counsel.
We serve the legal counsel for the ESOP trustee
with regard to fairness opinions (and
other transaction opinions). These independent
financial adviser opinions relate to the
purchase of sponsor company stock, the sale of
sponsor company stock, and the assessment
of unsolicited tender offers related to sponsor
company stock.
We serve M&A
transaction legal counsel.
We provide fairness, solvency, and other
transaction opinions to boards of directors and
other parties with fiduciary duties. These
independent financial adviser opinions relate
to the purchase or sale of business units,
financings, restructurings, the declaration of
dividends, and other corporate finance
transactions.
We serve corporate general
counsel.
We provide special investigations, due diligence
analyses, fraud investigations, and
other forensic accounting analyses. These analyses
are typically performed in response to
"whistleblower" allegations of fraud, abuse, or
other management wrongdoing.
Daubert Challenges: Background, Applications, and Considerations
Forensic Analysis of Intangible Asset Damages
The Relationship between the Attorney and the Valuation Analyst
Structuring the Debtor Company Purchase/Sale Transaction
The Due Diligence Interview in Forensic Analysis Engagements
Professional Designations: Evaluating Expert Witness Credentials
Intellectual Property Forensic Analysis Valuation Considerations
Bridging the Gap between the Delaware Block Framework and Generally Accepted Valuation Methods
Significant Valuation-Related Issues as Decided by the Delaware Court of Chancery"