Dispute and Litigation Support Projects

For a dispute in litigation related to a transaction associated with a large regional consulting firm, one of our Managing Directors served as an expert witness. The engagement included:

• Preparation of an expert report which valued the subject company at two valuation dates.
• Provision of deposition testimony and arbitration testimony.
• Preparation of a detailed critique related to a valuation prepared by the opposing side’s expert.
• Development of a rebuttal report associated with the opposing side’s critique of our Managing Director’s report.

We provided valuation consulting to assist our client with negotiations with the acquirer, a publicly traded company, for the buyout of the subject rollover shares. The engagement involved:

• Valuation of the business associated with the shares at two valuation dates, which included consideration of specific provisions in the target LLC agreement.
• Preparation of other materials for presentation to the acquirer.
• Assisting management with the evaluation process for a potential arbiter for the case (pursuant to target LLC agreement provisions).
• Consulting on valuation issues and strategy.
• Preparation of scenarios for the client for settlement discussions.

Following a purchase price allocation prepared by Clairent which had involved the valuation of acquired intangible assets and equipment, one of our Managing Directors provided deposition testimony associated with litigation between the client (the acquirer) and the target company.

We valued six companies involved in various aspects related to construction and contracting  – for divorce planning, including the client's consideration related to the sale of certain entities.

We consulted with the Plaintiff involved in a California Corporations Code Section 2000 (“CCC 2000”) lawsuit on various valuation issues, including: 

• Assisting the client with preparation of materials for the CCC 2000 appraisal panel.
• Developing independent valuation calculations and scenarios associated with the Plaintiff’s subject interest as well as direct and derivative claims.
• Consulting with the client and his counsel regarding valuation issues and strategy.

One of our Managing Directors served as an expert for a case in litigation related to a company  which provides animal feed supplements. The project involved preparation of an expert report which included several scenarios associated with the valuation of the subject company.

As part of a dispute associated with the company’s planned repurchase of the clients’ shares, we assisted with valuing their subject interests. Based on our analysis, the clients were able to successfully negotiate a repurchase based on a value which was almost two times greater than the company’s initial purchase offer. 

For the case, one of our Managing Directors served as the third party appraiser selected by the judge. The engagement involved the valuation of a partial investment in a telecommunications company.

 For a dispute involving an interest in a privately held brewery, we assisted with: 

• Reviewing valuations prepared by two appraisers initially appointed for the buyout process.
• Developing independent valuation calculations associated with the subject interest.
• Consulting with counsel and his client regarding valuation issues and strategy.
• Participating in arbitration discussions.

We prepared several valuation scenarios to assist the client with planning and negotiations related to a lawsuit involving a minority interest in a closely held business.

We provided valuation consulting related to a lawsuit involving a minority interest in a business which designs and sells specialty clothing and outdoor gear. Our analyses were utilized as part of settlement negotiations related to the case.

We consulted on valuation issues associated with a closely held information technology business. Our analyses and input were utilized as part of settlement planning and negotiations related to the case.