Cases

Bank and Bankruptcy-Related Business Valuation

Retention as a valuation expert by secured and unsecured creditors for matters in which a debtor business may or has filed for bankruptcy.

Insurance Industry Damage Analysis

Retention as a damages/valuation expert in cases involving insurance agencies, including MGAs.

Automotive Warranty Fraud Damages

Retained in multiple cases to calculate damages resulting from fraudulent warranty claims submitted to manufacturers by auto dealers.

Healthcare Valuation Analysis for Corporate Integrity Agreement (CIA)

Retained to provide fair market value analysis by an outsourced provider of medical equipment as required for compliance under a CIA.

Patent Infringement Cases

Retention in various patent infringement cases as a damages expert involving pharmaceutical products, medical devices, consumer electronics and other type of products.

Copyright Infringement Cases

Retention in various copyright infringement cases as a damages expert.

Trademark Infringement Cases

Retention in various trademark infringement cases as a damages expert and, in some cases, to assess certain Likelihood of Confusion factors from an economic perspective.

Contract Dispute Services for Pharmaceuticals Manufacturer

Provided damages calculation and expert consulting services on behalf of pharmaceutical manufacturer in a contract dispute with a competing pharmaceutical firm over unfair business practices – case later dropped after both firms acquired by larger pharma companies.

Liability Analysis Related to Trade Secret Misappropriation and Spoliation

Retained as liability expert for a Fortune 500 company in a trade secret misappropriation matter related to proprietary software and customer data. Subsequent claims for spoliation were made due to the use of scrubber software by the defendants to erase evidence of deleted files that contained the misappropriated customer information. Due in part to the evidence presented through expert testimony, a broad injunction was issued against the defendants.

Damage Analysis in Failed Software Development and Implementation Projects

Assessed damages and causation in matters involving a failed enterprise resource planning (ERP) projects and failed software development projects.

Damage Claims Involving the Alleged Wrongful Conduct of Banks

Analyzed damage and causation in matters involving various claims of wrongful conduct against banks such as lender liability, breach of contract, fraud, violation of anti-money laundering regulations, and others in which business and individual damages were claimed.

Hedonic Damages

Retained as an expert in matters involving loss of life for purposes of evaluating business information for decisions made.

Bankruptcy

Retained as an expert in matters involving alleged bankruptcy fraud and valuation issues.

Marital Dissolution

Retained as an expert to value various businesses, perform forensic analysis and consult with clients about tax aspects of divorce.

Trade Secret Misappropriation and Unfair Competition

Retained as an expert addressing lost profits from alleged trade secret misappropriation and unfair competition.

Exiting Business Owner Valuation

Retained as an expert for a company who had a valuation dispute with an exiting owner.

Breach of Contract

Retained as an expert to calculate damages resulting from termination of a contract.

Healthcare False Claims Act Matter

Retained by counsel for the defendants in a False Claims Act matter which required an analysis of disputed claims, cost report data, peer group performance, business performance and owner compensation levels as key factors in the assessment of liability and damages. This case ultimately settled.

Damage Analysis in a Failed Industrial Automation Project

Retained to provide damage analysis in a case involving a failed robotics technology implementation in a manufacturing plant. This case involved damage claims based on lost profits.

Pharmaceutical Patent Infringement Damages

Retained to assess reasonable royalty and lost profit damages arising from at-risk product launches by generic drug manufacturers after filing an Abbreviated New Drug Application (ANDA) with the FDA and submitting a Paragraph IV certification under the Hatch-Waxman Act.

Business Litigation for a Reverse Logistics Company

Provided damages calculation and expert consulting services on behalf of reverse logistics company in a contract damages case versus an internet trading platform, resulting in a sealed settlement.

FINRA Mediation Related to Trustee Actions

Provided expert witness testimony in a FINRA mediation related to improper actions by a trustee and investment suitability, resulting in a $10+ million settlement favorable to our client.

FINRA Mediation Related to Broker Actions

Provided expert witness testimony in a series of FINRA mediations and trials related to improper broker actions and investment suitability, resulting in findings favorable to our client.

FINRA Mediation

Provided expert witness testimony in a FINRA mediation related to a raid on staff and transferred accounts.

Governmental Dispute for Behavioral Health Facility

Provided damages calculation and expert consulting services on behalf of a behavioral health facility operator in a dispute with a municipality over withdrawn building and operating permits, resulting settlement favorable to our client.

Intellectual Property Cases for Industrial Product Patent

Provided damages calculation and expert consulting services on behalf of patent holder in an infringement case related to an industrial product, resulting in a sealed settlement.

Royalty Dispute with Industrial Manufacturer

Provided damages calculation and expert consulting services on behalf of patent holder in a royalty dispute with an industrial manufacturer.

Fraud in the Inducement

Retained as an expert in addressing omitted information and it’s impact on the price paid by a buyer.

Investigative Analysis Involving Occupational Fraud

Forensic accounting related to allegations of business executives, employees, and owners being involved in schemes to fraudulently misappropriate funds or other assets/resources from businesses through direct disbursements, phantom vendors/payees, expense reimbursements, diversion or other means.

Damages Analysis Involving Construction Projects and Companies

Retained as a damages expert in cases involving concrete structures, flood-related reconstruction, new construction, leasehold improvements, moving expense, and other matters involving construction, facilities and related costs.

Valuation of Software, Technology, Intangible Assets and Technology Companies

Valuation of software, technology, intangible assets (including intellectual property) and technology companies for litigation purposes where asset and/or business valuation are at issue. These types of valuations are also provided for non-litigation purposes such as tax, financial accounting, and transaction assessment purposes.

Business Litigation for a Shipping Company

Provided damages calculation and expert witness consulting services on behalf of a shipper in a tariff contract dispute with a barge line, resulting in settlement in favor of our client.

Business Litigation for a Restaurant Operation

Provided damages calculation and expert testimony on behalf of lessee in a dispute over rights to reasonably transfer a concession/restaurant operation, resulting in settlement in favor of our client.

Software-Related Intellectual Property (IP) Damages

Retained as a damages expert in software-related patent, trademark, copyright and trade secret cases in various federal and state jurisdictions.

Damage Analysis in a Recording Contract Dispute

Assessed damages and causation issues related to a dispute between a record company and a top-selling musical artist that involved claims for lost record company profits and lost royalty income by the artist.

Business and Trademark Value for Musical Act

Determined the value of a partner’s share in the touring business and trademark of a top-selling musical act following the decision of a founding member to stop touring with the band. This analysis was developed for litigation purposes.

Trade Secret Misappropriation and Unfair Competition

Retained as an expert addressing various liability, causation and damage issues in matters involving trade secret misappropriation, unfair competition and related claims in various industries.

Post-Employment Disputes

Retained as an expert in disputes related to claims of misappropriation, wrongful termination and breach of contract involving non-solicitation and non-compete provisions.

Post-Transaction Disputes

Retained as an expert related to disputes following transactions involving licensing, the sale of equity and the sale of assets, supply agreements, working capital provisions, purchase price adjustments and confidentiality agreements.

Lost Value in a Business Sale Due to Failure to Provide Insurance Coverage

Calculated the lost “investment” or “synergistic” premium to the owners of a business due to a purchase offer being withdrawn due to insurance companies that failed to provide coverage for an environmental claim that arose during due diligence.

Economic Analysis Related to Claims of Patent Obviousness

Analyzed secondary indicia of non-obviousness involving Hatch-Waxman litigation related to a Paragraph IV certification by a generic drug producer alleging that the patented invention was obvious and that the patent was invalid. Specific secondary indicia considered related to the commercial success of the product that embodied the patented features and evidence of long-felt need in the market and the failure of others to address it.

Stark and Anti-Kickback Violations

Engaged through counsel to provide litigation support related to Stark and Anti-Kickback allegations.

Ability to Pay Analysis

Engaged by federal and state agencies to calculate the plaintiffs ability to pay overpayments, fines and penalties.

Qui Tam support involving billing/coding fraud allegations

Engaged by council of various healthcare companies to provide litigation support involving Qui Tam allegations of billing and/or coding fraud.

Restructuring engagement involving large urban hospital bankruptcy

Engaged to wind down a hospital, organize the transfer of patients, and prepare reports for bankruptcy filing.

Independent Review Organization

Engaged and approved by federal government to act as an Independent Review Organization (IRO) as part of a Corporate Integrity Agreement involving the False Claims Act.

Appeal RAC, ZPIC, and Other Payor Recoupments

Worked with providers auditing documentation and coding of medical records and work with council to appeal recoupments.

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