Our litigation support services, including dispute resolution and financial investigation work, are grounded in our extensive actual business transaction experience gained from decades of providing transaction, finance and contract diligence and negotiation consulting, investigative work, audit services and business integration advisory services.

The range of litigation services we have provided is quite extensive with respect to scope of our work, presentations and reporting and the nature of the underlying issues. These services have been provided in various environments including varied reporting formats supporting testimony and many instances of preparation for and assistance with direct negotiations and mediation and reporting to governmental authorities.

As shown elsewhere on this website, we have extensive experience in the following specialized areas derived from scores of transactions, investigations and audits involving public and private companies, domestic and foreign (including both successful and distressed companies, real estate and loans):

• Corporate buy side and sell side diligence, negotiation, structuring and project management.
• Acquisition integration and seller separation analysis and project management,
• Real estate and commercial investment, management and leasing transactions, financing and restructurings (including complex equity, debt, participation agreements and ground leases),
• Loan portfolio buy side diligence, sell side preparation and structuring and securitizations for sponsors and investors and workouts,
• Loan portfolio reviews for financial institutions, regulators and boards
• Audits of companies in various industries and specialized audits responsive to contractual requirements; including IPO’s, secondary offerings, debt placements and other types of public company filings.

While performing these services, the principals of Insight typically had substantial involvement in negotiation and documentation of purchase/ sale/ syndication/ securitization contracts, disclosure documents, analyzing the financial implications of alternative structures, advising on matters such as risk allocation, earnout/deferred payment arrangements, representations and warranties, remedies and post closing adjustment. In addition, the principals of Insight often computer modeled the more complex aspects of diligence findings and transaction structures. Most often this work was performed in conjunction with client executives and counsel.

The transaction services are provided to both private equity firms and public or private operating entities and the subject assets range from individual properties to complex portfolios, in the case of real estate or loans, and from middle market manufacturing companies to cross border transactions individually in excess of $35 billion requiring the management of multi-disciplinary teams of over 100 professionals. Other assignments include complex debt and ground lease renegotiations and disputes involving numerous types of assets and industries, including class action lawsuits. Many of the disputes have been resolved through a mediation process.

The experience gained and the respect earned resulted in the principals of Insight being asked to assume operational and thought leadership roles at Arthur Andersen LLP, such as domestic and worldwide leadership in real estate, transaction advisory services, syndication and loan securitization services. Further, the principals of Insight were requested to review the work of other partners at Arthur Andersen that was subject to actual or potential litigation.

In addition to performing substantial work in these areas, the principals have provided litigation and pre-litigation support services in their areas of expertise. The accompanying listing of representative engagements includes some of the litigation support matters in which they have been involved.

Furthermore, as part of purchase or sale transactions, they have provided consulting services regarding numerous disputes and resolutions of contractual or regulatory compliance matters such as:

• Compliance with rights and obligations under a distributorship agreement, evaluating relative merits of the parties’ positions
• Identification of ownership issues and misuse of intellectual property
• Compilation and evaluation of working capital and other pre and post closing transaction disputes
• Evaluating exposures in connection with past and future compliance with representations under government manufacturing contracting standards
• Compliance with deferred performance and payment obligations
• Identification of vendor termination rights, processes and triggering events

Insight Consulting LLC