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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
regularly provide forensic analysis services that exceed expectations.
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.
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