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CASE STUDIES IN COMMERCIAL LITIGATION
Valuation of Commercial Damages
Retained by the defendant in a lawsuit
in which a plaintiff alleged lost profits. The firm was able
to demonstrate that the plaintiff's expert utilized a flawed
methodology and inappropriate data.
Punitive Damages Analysis
The firm
has been retained to show the economic impact of a hypothetical
punitive damages award that might be imposed on a Fortune
500 company. This analysis showed the full economic impact
of such an award on the various stakeholders who would be
affected. The analysis also showed how such an award would
be related to the legal purposes of punitive damages.
Damages in Personal Injury Case
Measured the lost wages and
fringe benefits of an injured worker. Utilized latest methodologies
and recent research to accurately measure the losses.
Valuation
in Employment Litigation
Retained by the defendant to
value the losses of a wrongfully terminated employee after
fully incorporating all proper mitigation activites.
Fraud on the Market
Measured the fraud on the market
caused by the alleged falsification of information contained
in a publicly held company's financial statements. Fundamental
to this assignment, which was one of the more notable stock
fraud cases in recent history, was the projection of the "proper"
prices of the company's stock.
Defense Economic Consultant
Assisted defense counsel who
was served with an economic loss report by the plaintiff.
Prepared a critique and a detailed line of cross examination.
Court Appointed Valuation Expert
Appointed expert retained to
place a value on a closely held business that was considered
joint asset in a matrimonial lawsuit.
Valuation for Sale of Company
The firm was
retained by the owners of a closely held manufacturing company
to determine the value of the company. This valuation was
used to evaluate offers for the eventual sale of the business.
Rebuttal Valuation Analysis
Retained as a rebuttal expert
to a court appointed expert who had made significant errors
in his analysis and employed a flawed methodology to value
a closely held business. After being made aware of these errors
the expert revised his analysis.
CASE STUDIES IN BUSINESS VALUATIONS
Measured the value of the shares
of a closely held company for estate tax purposes. Different
valuation methods were used and appropriate adjustments were
made to reflect the size and marketability of the share holding.
Valued a closely held business that
was considered by the courts to be a joint asset in a matrimonial
lawsuit.
Valued the stock of a company that
was being sold. This valuation was used by the company for
its eventual sale.
Valued a closely held business for
the estate tax purposes.
Valued the equity of a publicly
held business that was involved in litigation.
CASE STUDIES IN PERSONAL LITIGATION
Wrongful Death Litigation
Measured the value of the lost earnings,
fringe benefits and services for the survivors of a construction
worker.
Measured the value of the services
that would have been provided by a homemaker that was killed
in an automobile accident. The female homemaker was survived
by her husband and children.
Maritime Industry
Evaluated the economic
conditions of the Port of New York and used this research
in the formulation of a projection of the future earnings
of a worker in a wrongful death case.
Personal Injury
Measured the lost wages and benefits
of a plaintiff after consideration of the employability opinions
of a vocational expert who opened that the plaintiff had the
ability to pursue gainful employment at wages only somewhat
lower than his prior earnings level.
Measured the lost wages and benefits
of a truck driver who was unemployable following an automobile
accident.
Prepared a very detailed line of cross
examination for an opposing economic expert. This line of
cross examination included a wide range of issues ranging
from credentials to the details of his economic loss report.
CASE STUDIES IN EMPLOYMENT ANALYSIS
Statistical Employment Analysis
Analyzed the employment records
of a major advertising company to determine if the dismissal
of one of its vice-presidents was part of a policy of age
discrimination.
Damage
Analysis in Employment Litigation
Measured the loss of wages and benefits,
including pension benefits and stock options, of an allegedly
wrongfully terminated employee. Offsetting, post-termination
employment income that the plaintiff could use to mitigate
his damages were incorporated into this analysis. In addition,
further adjustments were made to account for the probability
that the plaintiff would not have remained in the employment
of the defendant after the termination date.
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