Litigation support, damages analysis and expert witness testimony involves more than just providing an opinion for one side of a dispute. A plaintiff’s attorney will utilize a valuation expert to determine damages “but for” some event. A defense attorney will utilize an appraisal expert to evaluate the plaintiff’s claim, identify weaknesses to plaintiff claims, and in some instances, prepare alternative damage and valuation conclusions.
Additionally, expert witness services involve more than preparing or critiquing a damage claim or providing a financial opinion, or verifying mathematical accuracy of an opposing witness’s opinion. It also requires the ability to evaluate and assess the opposing witness’ underlying assumptions and the validity of procedures used to arrive at their damage conclusion. Furthermore, it involves preparing for depositions, evaluating the potential for Daubert Challenges and Motions in Limine, preparing direct and cross examination questions, and providing visual aids for courtroom appearances. Examples of questions which might arise and which need be considered are: Whether the approach to damages is consistent with sound business practices and actual industry events? Whether the key components within the damage model such as revenues and expenses are complete and accurate? Whether normalization adjustments are reasonable? Whether industry valuation drivers are properly identified? Whether the financial and statistical models used properly reflect good business sense, are supportable, and consistent with well established statistical procedure? Whether forecasted conclusions are reasonably attainable? (In other words, what is the probability of attainment?) Whether opposing counsel’s questions are even relevant to the analysis or mere tactical obfuscation?
Our professionals, with their extensive experience in various aspects of many different businesses and asset types, are uniquely qualified to provide the necessary expertise in preparing for litigation, court room testimony, and assessing damages. Our professionals are highly experienced, have been deposed or appeared in court on numerous damage and valuation claims, and we are well seasoned in working with counsel in this capacity in such matters as:
- Tax Disputes
- Marital Dissolution
- Eminent Domain
- Corporate Dissolution
- Dissenting Stockholder Actions
- Business Damages
- Lost Profits Damages
- Patent and Copyright Infringement
- Critique of Opposing Expert Appraisals
- Preparation of Direct and Cross Examination Questions
- Visual Aids Preparation