EXAMPLE CASES - REPRESENTATIVE CLIENT LIST

BANKRUPTCY

Retained by Liquidators in the first fraudulent conveyance case heard before the British Virgin Islands Court. Our analysis included the valuation of the underlying equity securities of a private equity partnership interest.

Retained to calculate the fair value of highly distressed securities held by a hedge fund, which were liquidated in the wake of the financial crisis. It is claimed that the accounting firm performed insufficient controls to test the reasonable of the values reported.

Retained by the Liquidators of multi-billion-dollar funds invested in PIPE (Private Investments in Public Equities) securities. Our analysis identified the risk factors and liquidity factors that must be considered in the fair value determination of convertible debentures held in the portfolios.

Performed a variety of supporting analyses in as part of the massive teams managing the insurance coverage issues associated with the loss of the World Trade Center buildings.

Retained by a manufacturing entity in New Jersey that claimed religious discrimination in obtaining certain licensing permits from the town to expand operations. The alleged delay tactics impacted the purchase of machinery and equipment and leasing opportunities and prevented the company from achieving certain financial projections.

Retained by a municipality that was in a dispute with a large presenter of live music and entertainment events. The entertainment company, which operates a variety of venues and sports teams claimed lost profits and damages associated with future business opportunities from the town’s claimed breach of contract. Our role involved providing a rebuttal expert report, including assessing the validity of the market opportunity from various industry periodicals and the market outlook as well as evaluating the assumptions of the opposing expert’s lost profits model.

Retained by an advertising agency in a dispute with one of the largest global vehicle rental companies that supplies car and truck rentals, car sharing, and ancillary services to business and consumers worldwide. The advertising agency’s role in providing marketing services began to increase as the company merged and grew its operations, and claimed the rental company was unjustly enriched by its services, given an alleged breach of contract as well as an implied contract. Our analysis involved examining the lost earnings under the contract and how the company benefited from the agency’s branding and promotional efforts under the theory of quantum merit.

Retained in a high-net worth celebrity divorce in which the estate included numerous entities within the U.S and overseas. This engagement also included reviewing various data in support of a life-style analysis.

Retained by a London-based conglomerate focused on investing in and developing opportunities in Africa to calculate the valuation of warrants, which were to be issued to a U.S. investment bank as compensation for allegedly sourcing financing for one of their client’s business sectors operating in the fishing industry in South Africa. Our role involved providing rebuttal expert testimony under the international branch of the American Arbitration Association, including evaluating the assumptions of the warrant valuation prepared by the investment bank’s expert.

Retained to provide rebuttal financial expert witness testimony in an international arbitration matter involving two technology companies, which signed a joint venture agreement. Given that the technology did not achieve economic feasibility, the technology company based in Europe chose to terminate its relationship with its partner in the U.S. Soon after dismantling the joint venture, the U.S. entity alleged that the European entity infringed the U.S. entity’s trade secrets in filing subsequent patent applications. The U.S. entity filed a complaint claiming a breach of the non-disclosure agreement. Our role included rebutting the opposing expert’s lost profits analysis.

Retained by shareholder group of iconic steakhouse chain to calculate the lost royalties that they should have received in payment for usage of the trade name and trade dress by the restaurant operations. Our analysis included a review of similar royalty agreements negotiated by competitors in the high-end steakhouse industry.

Retained by a boutique insurance brokerage and risk management firm that specializes in insuring Hollywood and Broadway productions that claimed that employees breached their non-compete agreement by joining a competing insurance brokerage firm. Our analysis involved valuing the transferred “book of business” in calculating damages.

Retained by a government contractor engaged in the system, design, integration, and fielding of cloud technologies for the U.S. Army’s tactical edge. The contractor claimed that an employee and his subsequent employer interfered with sourcing a certain contract offered by the Department of the Defense and violated the respective employee’s non-compete agreement. Our analysis valued the contract and the lost opportunity to the government contractor.

Retained by a distributor of containers and packaging supplies that also offers truckload freight transportation services to customers in the chemical, petroleum, flavor and fragrance, paint/coatings, pharmaceutical and food industries in a matter in which certain shareholders claimed shareholder oppression. Our role involved providing rebuttal expert witness testimony by examining the business valuation prepared by the opposing expert and outlining a critique of the assumptions.

Retained by shareholder to determine the fair market value of a minority shareholder position. Our analysis considered issues involving: control, marketability, key man risk, and reasonable compensation.

Retained to value a start-up retailer in connection with a shareholder dispute. The unique characteristic of this business valuation assignment was the lack of operating history and minimal projections. Despite the shareholders working together for a few years, their first product launch was a failure, and the company was on the cusp of launching a second product, which eventually proved to be extremely successful. Given the great performance, the departing shareholder asserted fraud in connection with negotiation of his buy-out. Since no valuation was performed for the buy-out, an appraisal was performed as if one had been requested at the time of buy-out.

Provided expert witness testimony on behalf of a global water management, waste management, street lighting, and facility management services before the Internal Revenue Service. Our role included determining the equity value of certain U.S. operating subsidiaries in connection with a worthless stock deduction for tax purposes.

Retained by a life sciences company that became delisted from the public market due to a violation of independence requirements of their auditing firm as promulgated by the Securities Exchange Commission. In connection with the delisting, the life sciences company became in default of various loan covenants, experienced liquidity issues, and lost various investment opportunities. Our analysis involved quantifying the damages associated with the accounting firm’s malpractice.