Services

Representative Projects: Litigation

Breach of Contract

  1. Expert witness for a distribution electrical cooperative in a litigation involving the alleged breach of contract by a general construction contractor hired by the cooperative to construct an electrical generation plant. Prepared a rebuttal report critiquing the defendant’s expert’s estimate of damages which included claims for lost profits and diminution of value.
  2. Expert witness for a former shareholder of a regional investment banking firm in a litigation involving the alleged breach of a shareholder agreement which included a irrevocable “showdown” buy/sell provision, as well as a defined formula for distributing profits to the shareholders in the form of tax distributions, return on capital, and bonuses. Calculated value of shareholder’s interest in the firm prior to the date of the alleged breach of the agreement, and also determined the additional funds to which the shareholder was entitled.
  3. Expert for a regional multi-bank holding company involving the alleged breach by the bank of a contractual agreement which established a performance incentive plan (“PIP”) for certain former stockholders of a regional investment banking firm acquired by the bank. The stockholders alleged that a subsequent acquisition by the bank of a regional stock brokerage precluded the stockholders from attaining certain performance objectives under the PIP. Analyzed the bank’s valuation model for the acquisition of the brokerage for reasonableness, analyzed the realization of the bank’s key acquisition criteria, and assessed the reasonableness of the purchase price.

Shareholder Disputes

  1. Consultant for a multi-specialty medical practice in determining the fair value of the ownership interest of a shareholder dissenting from the decision to sell the practice to a physician management group.
  2. Expert for a minority shareholder in a litigation involving the determination of the fair value of a minority interest in an international money management firm.

Post-Acquisition Disputes

  1. Expert for the former owner of a regional soft drink beverage bottler/distributor in a post-acquisition dispute with the purchaser involving the determination of the tangible and intangible assets sold as well as the purchase price which was based upon an earn-out provision.

Intellectual Property

  1. Expert for an entertainment management company in a litigation involving the alleged infringement of a trademark. Determined value of the plaintiff’s intangible assets and analyzed defendant’s financial position and profitability.
  2. Expert witness for a software company in a litigation involving alleged infringement of its patents for certain processes. Analyzed plaintiffs’ and defendants’ financial information for purposes of developing alternative damages models.
  3. Expert for a trust company in a litigation involving alleged theft of trade secrets subject to protection under the Virginia Uniform Trade Secrets Act, Va. Code § 59.1-336. Developed alternative damages models, including claims for lost profits and diminution in business value.
  4. Expert for a manufacturer of deformed pipe linings in a litigation involving the alleged infringement of a competitor’s patents for manufacturing and installation processes. Analyzed the plaintiffs’ experts’ damages models, including claims for lost profits, price erosion, and convoyed sales and claims for reasonable royalties.

Divorce

  1. Appointed by the Circuit Court as a neutral forensic accountant to conduct a special financial investigation to assess whether or not the owner of multple hedge funds had hidden assets to avoid payment of spousal support or division of the assets in equitable distribution in connection with a divorce matter.
  2. Expert witness in a divorce matter to determine the value of the plaintiff’s and defendant’s retirement benefits and also to estimate the amount of income realized by the plaintiff from his law practice and operating farm for purposes of determining spousal support.
  3. Expert in a divorce matter to determine the value of a client’s estate portfolio of assets including securities, investments in closely held businesses, and real estate, and performed a tracing of the separate and marital components for purposes of equitable distribution.
  4. Expert witness in a divorce matter to determine the compensation of a cardiothoracic surgeon for purposes of assessing his petition to reduce child support payments.
  5. Expert witness for the plaintiff in a litigation involving an alleged breach of contract by the plaintiff’s former spouse in connection with a settlement agreement arising out of a divorce. Developed a damages model based upon the valuation of the spouse’s interest in a closely held information technology company.

Bankruptcy & Reorganization

  1. Expert for a national manufacturer/distributor of fleece sportswear and screen-printed goods which had filed for bankruptcy in performing analysis of preference payments to various vendors.
  2. Consultant to a liquidating trust resulting from a Court-approved plan of reorganization for a manufacturer of prefabricated houses and real estate developer which filed for bankruptcy. Consulting services included liquidating the assets of the trust which included manufacturing plants, real estate holdings, resort developments, etc.
  3. Consultant to a petrochemical company to provide claims management assistance relating to a bankruptcy involving over 1,000 creditors’ claims. Consulting services included developing and operating a computer system to support the claims management process, scheduling of liabilities, docketing of claims filed by creditors, and reconciling of claims with scheduled liabilities.

Your Opportunity Advisors