Case Studies

Case: Business buyer sued CPA for negligence in providing allegedly inadequate “due diligence” services.

Course: Opined on CPA’s alleged negligence and resulting damages and determined significant deficiencies in opposing expert’s report.

Conclusion: Issued report.

Industry: Accounting

SIC Code: 8721

Case: Dispute about the value of a doctor’s ownership interest in a medical group practice.

Course: Calculated the fair market value of the doctor’s share in the group practice.

Conclusion: Issued report and testified.

Industry: Health care

SIC Code: 8011

Case: Dispute over non-payment on a business loan guarantee agreement.

Course: Determined amounts unpaid.

Conclusion: Issued report. Matter settled.

Industry: Direct Mail processing company

SIC Code: 7331

Case: Breach of distribution agreement by “lying” about the number of customers to whom a Japanese distributor sold an American company’s products in Japan.

Course: Calculated damages.

Conclusion: Issued report and testified.

Industry: Construction

SIC Code: Division C

Case: Government alleged CEO of boxing organization received kickbacks from boxers for enhancing their rankings.

Course: Determined amount of payments and whether they were reported for income tax purposes.

Conclusion: Issued report and testified.

Industry: Sports & Entertainment

SIC Code: 7941

Case: Dispute in a marital divorce over the value of a hair care distribution company.

Course: Determined value of the distribution company.

Conclusion: Issued report and testified.

Industry: Beauty industry

SIC Code: 284

Case: Business seller of equipment manufacturing company sued buyer for failure to pay balance of earnout purchase price.

Course: Calculated amount of earnout and damages.

Conclusion: Issued report and testified.

Industry: Manufacturing

SIC Code: Division D

Case: CPA sued his malpractice insurance carrier for failing to provide coverage of his alleged negligent investment advice to client.

Course: Determined what standard practice is for CPAs in providing specific investment advice.

Conclusion: Issued report and testified.

Industry: Accounting

SIC Code: 8721

Case: Alleged wrongful conduct by a CPA firm.

Course: Determined if any harm was caused.

Conclusion: Issued report and testified.

Industry: Accounting

SIC Code: 8721

Case: Plaintiff claimed that its distribution business was a franchise that could not be terminated without cause. Defendant maintained that business was not a franchise. Plaintiff won decision. Appellate court remanded to determine value of franchise wrongfully terminated.

Course: Calculated damages.

Conclusion: Calculated value three different valuation scenarios. Issued report and testified.

Industry: Appliance

SIC Code: 5064

Case: Dispute between a jewelry manufacturer and internationally well-known clothing designer’s trademark used in the jewelry design.

Course: Calculated damages due to manufacturer’s failure to create products approved by clothing designer.

Conclusion: Issued report and testified.

Industry: Jewelry and Apparel

SIC Code: 233 & 3911

Case: Alleged wrongful termination of a distribution agreement of a well-known consumer electronics company’s products.

Course: Performed a calculation of damages based on historical evidence of profitability as if the distribution agreement had been extended.

Conclusion: Issued report and testified.

Industry: Electronics

SIC Code: 573

Case: Alleged wrongful destruction of marketing analysis business.

Course: Determined value of business as measure of damages.

Conclusion: Issued report and testified.

Industry: Marketing

SIC Code: 8742

Case: Dispute in a marital divorce over the value of a radiologist’s medical practice.

Course: Calculated value and determined reasonable earnings from practice.

Conclusion: Issued report and testified.

Industry: Health care

SIC Code: 8011

Case: Employee theft of accounting records of plumbing supply distributor.

Course: Calculated the value of the stolen records by using growth in regional building permits as proxy for revenue growth.

Conclusion: Issued report and testified.

Industry: Construction

SIC Code: 5074

Case: Dispute in a marital divorce of nationally recognized government real estate economist over the value of the degree the economist earned during the marriage.

Course: Calculated the value of her economics degree.

Conclusion: Issued report and testified.

Industry: Real estate

SIC Code: 65

Case: Dispute in a marital divorce of a nationally recognized science fiction writer and practicing physician.

Course: Calculated the values of the physician’s practice and author’s business.

Conclusion: Issued reports and testified.

Industry: Health care and Author

SIC Code: 8011 & 8999

Case: Dispute in a marital divorce over amount of alimony after retirement.

Course: Calculated the change in earnings after retirement and resultant change in alimony.

Conclusion: Issued report and testified.

Industry: Printing

SIC Code: 27

Case: Dispute between two brothers over the value of a family plumbing supply distribution company.

Course: Calculated the value of the six businesses owned.

Conclusion: Issued report and testified.

Industry: Construction

SIC Code: 5074

Case: Dermatologist who performed liposuctions, earning millions of dollars per year, slipped and fell on ice in front of his office where the landlord did not shovel, injured his back and could no longer work.

Course: Calculated the loss in earnings due to inability to work because of injury sustained in fall.

Conclusion: Issued report and testified.

Industry: Health care

SIC Code: 8011

Case: Disputed fairness of buyout provision in partnership agreement, including questions of book value, how it is different from fair value, and what is an audit required by partnership agreement.

Course: Opined on the meaning of book value.

Conclusion: Issued report and testified. Judge completely agreed with our testimony.

Industry: Real estate

SIC Code: 65

Case: Dispute of what is included in net fixed rents for purposes of calculating percentage rent.

Course: Opined that GAAP requires exercise of judgment and that business purpose is critical.

Conclusion: Issued report and testified at arbitration. Arbitrators agreed with our position.

Industry: Real estate

SIC Code: 65

Case: McDonalds franchisee alleged that his bankruptcy attorney failed to consider impact of Franchise Act, two years after client sold restaurants back to McDonalds in exchange for debt discharge.

Course: Concluded that lawyer caused no damages to client.

Conclusion: Issued report and testified. Court dismissed complaint.

Industry: Restaurant

SIC Code: 5812

Case: Large pharmacy chain sold a product that was alleged to infringe on trademark.

Course: Calculated the profits generated from the sale of the infringing product.

Conclusion: Issued report.

Industry: Health Care

SIC Code: 5912

Case: An independent distributor of photographic equipment claimed that the manufacturer was charging it more for products than it charged company owned distributors.

Course: We evaluated 5 years of data and concluded that the independent dealer was not overcharged.

Conclusion: Issued report and testified at arbitration. Arbitrator agreed that the independent dealer was not overcharged.

Industry: Manufacturing

SIC Code: 3861

Case: Disputed profits and value from sale of several patented medical devices.

Course: Calculated reasonable royalties and value relative to several medical devices.

Conclusion: Issued report.

Case: Disputed profits from sale of jewelry using unlicensed copyright designs.

Course: Determined profits of wholeseller and retailer realized from sale of jewelry using infringing designs.

Conclusion: Issued report. Assisted in negotiations.

Case: Disputed profits from sale of men’s apparel using unlicensed trademarks.

Course: Determined deficiencies in, and corrected opposing expert’s calculation of disputed profits.

Conclusion: Issued report and testified.

Case: Alleged lost value of foreign investment in high-end women’s apparel business.

Course: Determined value of business and underlying trademarks.

Conclusion: Issued report.

Case: Consumer electronics trademark infringement dispute.

Course: Calculated the likely defendant’s profits resulting from several billion dollars of alleged infringing sales.

Conclusion: Issued report and testified. Matter settled.

Case: Disputed joint venture between a fashion and beauty accessories manufacturer and a distributor.

Course: Performed an accounting analysis to identify questionable transactions.

Conclusion: Issued analysis.

Case: Alleged diversion of customers from local reprographics company by a national competitor.

Course: Analyzed financial condition, performance and customer mix to determine the amount of diverted profits.

Conclusion: Issued report and testified.

Case: Alleged diversion of funds by property manager from a real estate company.

Course: Independently verified system structure of property manager; reviewed financial information; and determined questionable disbursements.

Conclusion: Issued results of analysis.

Case: Alleged wrongful termination from security services company.

Course: Determined value of oppressed shareholder’s ownership.

Conclusion: Issued report. Assisted with negotiations.

Case: Destruction of value claims by several plaintiffs resulting from September 11 terrorist attacks.

Course: Performed valuation analyses for several plaintiffs, including reconstructing statements of financial performance and condition.

Conclusion: Issued report. Matters settled.

Case: Alleged fraudulent inducement of shareholders of a manufacturer of telecommunications power supply equipment to sell their company.

Course: Commented on financial elements of claim against petitioner and calculated damages sustained by respondent/counterclaimant.

Conclusion: Issued report. Case settled.

Case: Alleged overpayment for home health care services company resulting from misrepresented financial condition of seller.

Course: Determined amounts overpaid for the business.

Conclusion: Issued report and testified.

Case: Disputed payments to manager of several real estate properties.

Course: Determined overpayment based on improperly accounted for property management expenses and real estate taxes.

Conclusion: Issued report and testified.

Case: Lost value by shareholder of state-chartered bank.

Course: Analyzed effect of delay in permitting shareholder to exercise call option and identified deficienes in opposing expert’s report.

Conclusion: Issuance of report and testimony.

Case: Lost profits of a UK manufacturer of active pharmaceutical ingredients (API).

Course: Analyzed costs and commented on deficiencies in claimant’s analysis.

Conclusion: Matter settled.

Case: Telecom company lost profits.

Course: Analyzed and commented on opposing expert’s multi-billion dollar lost profits claim.

Conclusion: Matter settled.