Client           

Business                  

Nature of Claim                

Services Performed

Owner /Seller

Manufacturing

Various claims by buyer of post close working capital deficiencies, inadequate seller disclosures and other violations of contractual representations and warranties related to sale of a business

Identified and evaluated relevant financial records, interviewed operations and financial personnel, concluded on exposure amounts, developed a matrix of strengths and weaknesses on each claim, worked with counsel and client on developing a defense and resolution strategy and assisted in documentation of resolution

Investor

Finance – Mortgage Backed Securities

Claims by Investor in multiple Alt-A and Subprime residential mortgage loan securitization transactions

Reviewed offering prospectus and related sales materials and correspondence, distribution reports, third party and rating firm analyses and underlying collateral files as well as additional research. Assisted counsel in determining potential causes of action and preparing pre-trial internal briefs for client presentation and counterparty negotiation purposes.

Investor

Real Estate

Various claims by limited partner investor against general partner sponsor regarding potentially inappropriate general partner charges over a 20 year period

Based on reading of partnership agreement and related offering documents and financial reports over a 20 year period identified potential claims, performed financial records review, toured properties and met with operating and financial personnel, modeled implications through a complex "waterfall" of priorities, developed relative strengths of arguments and provided presentations to client, counsel and opposing general partner. Assisted client and counsel with mediation settlement process and documentation.

Lender

Commercial Real Estate Mortgage Loans

Consideration of collateral valuation, foreclosure and guarantee enforcement opportunities

In connection with a review of numerous complex commercial loan agreements and loan files on behalf of lender client, considered likely resolution strategies and results; assisted client in transmitting case information to counsel and discussions with counsel regarding likely position

Investor

Finance - Asset Backed Securities

Claims by investor that servicer mismanaged the underlying loan portfolio

Read voluminous disclosure documents and years of reporting and reports of other specialists; developed observations on policies and procedures, identified specific servicing defects and variance from the servicer's policies and industry standards; developed rebuttals to the reports of other specialists and assisted counsel in preparation for defense depositions. Provided deposition testimony and expert’s report.

Lender

Commercial Real Estate Mortgage Loans

Claims by IRS that loan related bad debt deductions were excessive

Read loan files, borrower reporting, appraisals and internal valuations as well as IRS claims. Assisted client in evaluating lender position and collateral valuation, reconfiguring claim amounts, drafting position papers and meeting with IRS resulting in a very favorable settlement

Accounting Firm

Finance - Originator of Securitizations

Claims by investor class that audit was negligent

Reviewed years of financial and narrative reporting, identified root causes of business failure, reviewed audit workpapers, compared work performed to authoritative literature and related that to the subject company's specific business model and industry standards; advised on strengths and weaknesses of various defenses.

Accounting Firm

Real Estate

Claims by investor class that audit of lender was negligent

Reviewed financial statement and various contracts to determine cause of business failure and other culpable parties, reviewed audit workpapers, compared work performed to authoritative literature and related that to the subject company's specific business model; advised on strengths and weaknesses of various defenses.

Accounting Firm

Manufacturing

Claims by client that audit was negligent

Based on reviewing internal reporting and procedures, determined client officer intentionally caused misreported earnings, reviewed audit procedures, compared to authoritative literature, advised on strengths and weaknesses of work done and worked with counsel on resolution strategy.

Accounting Firm

Real Estate

Claims by investor class that audit of syndicator was negligent

Identified weaknesses in offering materials and sponsor behaviors, reviewed audit procedures, compared to authoritative literature, advised on strengths and weaknesses of work done and worked with counsel on resolution strategy.

Investors

Real Estate - Airport and Integrated Resort Development (golf courses, hotel, single family sites, condos, onsite utilities, etc.)

Investor class investigation considering claims of misappropriation of funds, seeking changes in management and sale of interests

Reviewed financial statements and operating reports, toured facilities, interviewed management, operational and financial personnel, provided a comprehensive set of observations and guidance on potential changes in financial and management structures.

Lessor (land owner, operations participant)

Real Estate - Integrated Resort Development (golf courses, hotels, single family sites, onsite utilities, etc.)

Lessor potential claims regarding lessee noncompliance with lease terms and need for renegotiation

Reviewed decades of lease contracts and amendments, communication files and financial reporting by lessee; determined potential lack of compliance through analysis and extensive modeling and advised on complex lease renegotiations, assisted counsel in presentations with management operational and financial personnel.

Owner of IP               

Manufacturing

Potential owner claim for under reporting of relevant sales (and related fees) under a royalty contract related to certain product lines                                                      

Reviewed the subject contract and related correspondence including

financial reporting, production and sales reports, and certain relevant publicly available information; concluded on reporting and developed related insights for counsel for settlement purposes

Acquirer

Distribution - medical products

Dispute with respect to post-closing adjustments

Read the subject contract as well as reports and declarations of various third parties and supporting analyses. Provided insights as consulting experts to counsel for settlement negotiations purposes.