When a company loses something of value, it is vital to protect its interests — and establish the extent of its losses.
Purchase-price dispute. We assisted outside counsel and our client in preparing a large claim related to the purchase of a rail manufacturing company. Our assistance involved finding evidence for knowledge of the vendor on the date of purchase and supporting the client’s attorneys with evidence of that knowledge. We documented the evidence found for use in a trial in the International Chamber of Commerce Court of Arbitration.
Patent infringement. A multinational semiconductor manufacturer sued a competitor for patent infringement, claiming hundreds of millions of dollars while also facing a countersuit. We focused on patent strength, along with competitive market positioning and damage modeling to calculate lost profits and reasonable royalty.
Brand protection. We conducted an investigation into the activities of local senior management of a US multinational company doing business in China. The company suspected the diversion of business to a newly set-up competitor under a senior manager’s private control. Our findings allowed the board to reach an out-of-court settlement with the local manager who was found to have enabled the diversion.
Retail dispute. We assisted a retail client in a dispute with a logistics company that operated its cross-docking warehouses and road distribution fleet. The dispute arose from the allocation of excessive costs to our client. It settled in favor of our client, resulting in a substantial saving over the remaining seven years of the contract.
Fire recovery for FEMA. The US Federal Emergency Management Agency (FEMA) hired us to analyze and critique potential claims against the government for a Department of Interior fire that caused the destruction of the Cerro Grande Forrest and parts of Los Alamos, New Mexico. Our team calculated liability exposure under government GAAP, assisted with disclosures and prepared a comprehensive report to the US Congress. We also oversaw a real estate value impact study and wrote the FEMA handbook on how to handle incoming claims, including business-interruption claims. Finally, we reported to the Inspector General’s office on other findings and potential improvements for claims processing and internal controls.
Breach of contract. After a failed merger, we investigated whether an electric utility company had suffered a material adverse change. This project required our understanding relevant accounting standards and the operations and regulatory frameworks of the industry, as well as financial analyses of regulatory rulings and market events.
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